Bill Text: IL SB1754 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced - Dead) 2022-03-10 - Added as Co-Sponsor Sen. Chapin Rose [SB1754 Detail]

Download: Illinois-2021-SB1754-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB1754 Introduced 2/26/2021, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED:
See Index
Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately.
LRB102 14289 RLC 19641 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB1754 LRB102 14289 RLC 19641 b
AN ACT concerning firearms.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating

SB1754 - 2 - LRB102 14289 RLC 19641 b
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information

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or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act. This subsection (n) shall
apply until the conclusion of the trial of the case, even
if the prosecution chooses not to pursue the death penalty
prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair

SB1754 - 4 - LRB102 14289 RLC 19641 b
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained
in, stored in, submitted to, transferred by, or released
from the Illinois Health Information Exchange, and
identified or deidentified health information in the form
of health data and medical records of the Illinois Health
Information Exchange in the possession of the Illinois
Health Information Exchange Office due to its
administration of the Illinois Health Information
Exchange. The terms "identified" and "deidentified" shall
be given the same meaning as in the Health Insurance
Portability and Accountability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied

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for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act before the
effective date of this amendatory Act of the 102nd General
Assembly or applied for or received a concealed carry
license under the Firearm Concealed Carry Act, unless
otherwise authorized by the Firearm Concealed Carry Act;
and databases under the Firearm Concealed Carry Act,
records of the Concealed Carry Licensing Review Board
under the Firearm Concealed Carry Act, and law enforcement
agency objections under the Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory

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Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day

SB1754 - 7 - LRB102 14289 RLC 19641 b
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of

SB1754 - 8 - LRB102 14289 RLC 19641 b
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.

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6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
eff. 7-7-20.)
Section 6. The Gun Trafficking Information Act is amended
by changing Section 10-5 as follows:
(5 ILCS 830/10-5)
Sec. 10-5. Gun trafficking information.
(a) The Department of State Police shall use all
reasonable efforts in making publicly available, on a regular
and ongoing basis, key information related to firearms used in
the commission of crimes in this State, including, but not
limited to: reports on crimes committed with firearms,
locations where the crimes occurred, the number of persons
killed or injured in the commission of the crimes, the state
where the firearms used originated, the Federal Firearms
Licensee that sold the firearm, and the type of firearms used.
The Department shall make the information available on its
website, in addition to electronically filing a report with
the Governor and the General Assembly. The report to the
General Assembly shall be filed with the Clerk of the House of
Representatives and the Secretary of the Senate in electronic
form only, in the manner that the Clerk and the Secretary shall

SB1754 - 10 - LRB102 14289 RLC 19641 b
direct.
(b) The Department shall study, on a regular and ongoing
basis, and compile reports on the number of NICS Firearm
Owner's Identification Card checks to determine firearms
trafficking or straw purchase patterns. The Department shall,
to the extent not inconsistent with law, share such reports
and underlying data with academic centers, foundations, and
law enforcement agencies studying firearms trafficking,
provided that personally identifying information is protected.
For purposes of this subsection (b), a Firearm Owner's
Identification Card number is not personally identifying
information, provided that no other personal information of
the card holder is attached to the record. The Department may
create and attach an alternate unique identifying number to
each Firearm Owner's Identification Card number, instead of
releasing the Firearm Owner's Identification Card number
itself.
(c) Each department, office, division, and agency of this
State shall, to the extent not inconsistent with law,
cooperate fully with the Department and furnish the Department
with all relevant information and assistance on a timely basis
as is necessary to accomplish the purpose of this Act. The
Illinois Criminal Justice Information Authority shall submit
the information required in subsection (a) of this Section to
the Department of State Police, and any other information as
the Department may request, to assist the Department in

SB1754 - 11 - LRB102 14289 RLC 19641 b
carrying out its duties under this Act.
(Source: P.A. 100-1178, eff. 1-18-19.)
Section 7. The Department of Natural Resources
(Conservation) Law of the Civil Administrative Code of
Illinois is amended by changing Section 805-538 as follows:
(20 ILCS 805/805-538)
Sec. 805-538. Retiring officer; purchase of service
firearm and police badge. The Director of Natural Resources
shall establish a program to allow a Conservation Police
Officer who is honorably retiring in good standing to purchase
either one or both of the following: (1) any Department of
Natural Resources police badge previously issued to that
officer; or (2) if the officer has a currently valid Firearm
Owner's Identification Card, the service firearm issued or
previously issued to the officer by the Department of Natural
Resources. The cost of the firearm shall be the replacement
value of the firearm and not the firearm's fair market value.
(Source: P.A. 100-931, eff. 8-17-18.)
Section 10. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by changing
Sections 2605-45, 2605-300, and 2605-595 as follows:
(20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)

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Sec. 2605-45. Division of Justice Services. The Division
of Justice Services shall exercise the following functions:
(1) (Blank).
(2) Pursue research and the publication of studies
pertaining to local law enforcement activities.
(3) (Blank).
(4) Operate an electronic data processing and computer
center for the storage and retrieval of data pertaining to
criminal activity.
(5) Exercise the rights, powers, and duties vested in
the former Division of State Troopers by Section 17 of the
State Police Act.
(6) (Blank).
(6.5) (Blank). Exercise the rights, powers, and duties
vested in the Department by the Firearm Owners
Identification Card Act.
(7) Exercise other duties that may be assigned by the
Director to fulfill the responsibilities and achieve the
purposes of the Department.
(8) Exercise the rights, powers, and duties vested by
law in the Department by the Criminal Identification Act.
(Source: P.A. 101-378, eff. 1-1-20.)
(20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
Sec. 2605-300. Records; crime laboratories; personnel. To
do the following:

SB1754 - 13 - LRB102 14289 RLC 19641 b
(1) Be a central repository and custodian of criminal
statistics for the State.
(2) Be a central repository for criminal history
record information.
(3) Procure and file for record information that is
necessary and helpful to plan programs of crime
prevention, law enforcement, and criminal justice.
(4) Procure and file for record copies of fingerprints
that may be required by law.
(5) Establish general and field crime laboratories.
(6) Register and file for record information that may
be required by law for the issuance of firearm owner's
identification cards under the Firearm Owners
Identification Card Act and concealed carry licenses under
the Firearm Concealed Carry Act.
(7) Employ laboratory technicians and other specially
qualified persons to aid in the identification of criminal
activity, and may employ polygraph operators.
(8) Undertake other identification, information,
laboratory, statistical, or registration activities that
may be required by law.
(Source: P.A. 98-63, eff. 7-9-13; 99-801, eff. 1-1-17.)
(20 ILCS 2605/2605-595)
Sec. 2605-595. State Police Firearm Services Fund.
(a) There is created in the State treasury a special fund

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known as the State Police Firearm Services Fund. The Fund
shall receive revenue under the Firearm Concealed Carry Act
and Section 5 of the Firearm Owners Identification Card Act.
The Fund may also receive revenue from grants, pass-through
grants, donations, appropriations, and any other legal source.
(b) The Department of State Police may use moneys in the
Fund to finance any of its lawful purposes, mandates,
functions, and duties under the Firearm Owners Identification
Card Act and the Firearm Concealed Carry Act, including the
cost of sending notices of expiration of Firearm Owner's
Identification Cards, concealed carry licenses, the prompt and
efficient processing of applications under the Firearm Owners
Identification Card Act and the Firearm Concealed Carry Act,
the improved efficiency and reporting of the LEADS and federal
NICS law enforcement data systems, and support for
investigations required under that Act these Acts and law. Any
surplus funds beyond what is needed to comply with the
aforementioned purposes shall be used by the Department to
improve the Law Enforcement Agencies Data System (LEADS) and
criminal history background check system.
(c) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
(20 ILCS 2605/2605-120 rep.)

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(20 ILCS 2605/2605-610 rep.)
Section 15. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by repealing
Sections 2605-120 and 2605-610.
Section 16. The State Police Act is amended by changing
Section 17b as follows:
(20 ILCS 2610/17b)
Sec. 17b. Retiring officer; purchase of service firearm
and police badge. The Director of State Police shall establish
a policy to allow a State Police officer who is honorably
retiring or separating in good standing to purchase either one
or both of the following: (i) any State Police badge
previously issued to that officer; or (ii) if the officer has a
currently valid Firearm Owner's Identification Card, the
service firearm issued or previously issued to the officer by
the Department of State Police. The cost of the firearm
purchased shall be the replacement value of the firearm and
not the firearm's fair market value.
(Source: P.A. 100-931, eff. 8-17-18.)
Section 20. The Criminal Identification Act is amended by
changing Section 2.2 as follows:
(20 ILCS 2630/2.2)

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Sec. 2.2. Notification to the Department. Upon judgment of
conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
Code of 2012 when the defendant has been determined, pursuant
to Section 112A-11.1 of the Code of Criminal Procedure of
1963, to be subject to the prohibitions of 18 U.S.C.
922(g)(9), the circuit court clerk shall include notification
and a copy of the written determination in a report of the
conviction to the Department of State Police Firearm Owner's
Identification Card Office to enable the Illinois State Police
office to perform its duties under the Firearm Concealed Carry
Act and Sections 4 and 8 of the Firearm Owners Identification
Card Act and to report that determination to the Federal
Bureau of Investigation to assist the Federal Bureau of
Investigation in identifying persons prohibited from
purchasing and possessing a firearm pursuant to the provisions
of 18 U.S.C. 922. The written determination described in this
Section shall be included in the defendant's record of arrest
and conviction in the manner and form prescribed by the
Department of State Police.
(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
Section 25. The State Finance Act is amended by changing
Section 6z-99 as follows:
(30 ILCS 105/6z-99)

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Sec. 6z-99. The Mental Health Reporting Fund.
(a) There is created in the State treasury a special fund
known as the Mental Health Reporting Fund. The Fund shall
receive revenue under the Firearm Concealed Carry Act. The
Fund may also receive revenue from grants, pass-through
grants, donations, appropriations, and any other legal source.
(b) The Department of State Police and Department of Human
Services shall coordinate to use moneys in the Fund to finance
their respective duties of collecting and reporting data on
mental health records and ensuring that mental health firearm
possession prohibitors are enforced as set forth under the
Firearm Concealed Carry Act and the Firearm Owners
Identification Card Act. Any surplus in the Fund beyond what
is necessary to ensure compliance with mental health reporting
under that Act these Acts shall be used by the Department of
Human Services for mental health treatment programs.
(c) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
Section 30. The Peace Officer Firearm Training Act is
amended by changing Section 1 as follows:
(50 ILCS 710/1) (from Ch. 85, par. 515)
Sec. 1. Definitions. As used in this Act:

SB1754 - 18 - LRB102 14289 RLC 19641 b
(a) "Peace officer" means (i) any person who by virtue of
his office or public employment is vested by law with a primary
duty to maintain public order or to make arrests for offenses,
whether that duty extends to all offenses or is limited to
specific offenses, and who is employed in such capacity by any
county or municipality or (ii) any retired law enforcement
officers qualified under federal law to carry a concealed
weapon.
(a-5) "Probation officer" means a county probation officer
authorized by the Chief Judge of the Circuit Court to carry a
firearm as part of his or her duties under Section 12 of the
Probation and Probation Officers Act and Section 24-2 of the
Criminal Code of 2012.
(b) "Firearms" means any weapon or device defined as a
firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of
"An Act relating to the acquisition, possession and transfer
of firearms and firearm ammunition, to provide a penalty for
the violation thereof and to make an appropriation in
connection therewith", approved August 3, 1967, as amended.
(Source: P.A. 98-725, eff. 1-1-15.)
(50 ILCS 725/7.2 rep.)
Section 31. The Uniform Peace Officers' Disciplinary Act
is amended by repealing Section 7.2.
Section 35. The School Code is amended by changing

SB1754 - 19 - LRB102 14289 RLC 19641 b
Sections 10-22.6, 10-27.1A and 34-8.05 as follows:
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
(a) To expel pupils guilty of gross disobedience or
misconduct, including gross disobedience or misconduct
perpetuated by electronic means, pursuant to subsection (b-20)
of this Section, and no action shall lie against them for such
expulsion. Expulsion shall take place only after the parents
have been requested to appear at a meeting of the board, or
with a hearing officer appointed by it, to discuss their
child's behavior. Such request shall be made by registered or
certified mail and shall state the time, place and purpose of
the meeting. The board, or a hearing officer appointed by it,
at such meeting shall state the reasons for dismissal and the
date on which the expulsion is to become effective. If a
hearing officer is appointed by the board, he shall report to
the board a written summary of the evidence heard at the
meeting and the board may take such action thereon as it finds
appropriate. If the board acts to expel a pupil, the written
expulsion decision shall detail the specific reasons why
removing the pupil from the learning environment is in the
best interest of the school. The expulsion decision shall also
include a rationale as to the specific duration of the
expulsion. An expelled pupil may be immediately transferred to

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an alternative program in the manner provided in Article 13A
or 13B of this Code. A pupil must not be denied transfer
because of the expulsion, except in cases in which such
transfer is deemed to cause a threat to the safety of students
or staff in the alternative program.
(b) To suspend or by policy to authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend pupils
guilty of gross disobedience or misconduct, or to suspend
pupils guilty of gross disobedience or misconduct on the
school bus from riding the school bus, pursuant to subsections
(b-15) and (b-20) of this Section, and no action shall lie
against them for such suspension. The board may by policy
authorize the superintendent of the district or the principal,
assistant principal, or dean of students of any school to
suspend pupils guilty of such acts for a period not to exceed
10 school days. If a pupil is suspended due to gross
disobedience or misconduct on a school bus, the board may
suspend the pupil in excess of 10 school days for safety
reasons.
Any suspension shall be reported immediately to the
parents or guardian of a pupil along with a full statement of
the reasons for such suspension and a notice of their right to
a review. The school board must be given a summary of the
notice, including the reason for the suspension and the
suspension length. Upon request of the parents or guardian,

SB1754 - 21 - LRB102 14289 RLC 19641 b
the school board or a hearing officer appointed by it shall
review such action of the superintendent or principal,
assistant principal, or dean of students. At such review, the
parents or guardian of the pupil may appear and discuss the
suspension with the board or its hearing officer. If a hearing
officer is appointed by the board, he shall report to the board
a written summary of the evidence heard at the meeting. After
its hearing or upon receipt of the written report of its
hearing officer, the board may take such action as it finds
appropriate. If a student is suspended pursuant to this
subsection (b), the board shall, in the written suspension
decision, detail the specific act of gross disobedience or
misconduct resulting in the decision to suspend. The
suspension decision shall also include a rationale as to the
specific duration of the suspension. A pupil who is suspended
in excess of 20 school days may be immediately transferred to
an alternative program in the manner provided in Article 13A
or 13B of this Code. A pupil must not be denied transfer
because of the suspension, except in cases in which such
transfer is deemed to cause a threat to the safety of students
or staff in the alternative program.
(b-5) Among the many possible disciplinary interventions
and consequences available to school officials, school
exclusions, such as out-of-school suspensions and expulsions,
are the most serious. School officials shall limit the number
and duration of expulsions and suspensions to the greatest

SB1754 - 22 - LRB102 14289 RLC 19641 b
extent practicable, and it is recommended that they use them
only for legitimate educational purposes. To ensure that
students are not excluded from school unnecessarily, it is
recommended that school officials consider forms of
non-exclusionary discipline prior to using out-of-school
suspensions or expulsions.
(b-10) Unless otherwise required by federal law or this
Code, school boards may not institute zero-tolerance policies
by which school administrators are required to suspend or
expel students for particular behaviors.
(b-15) Out-of-school suspensions of 3 days or less may be
used only if the student's continuing presence in school would
pose a threat to school safety or a disruption to other
students' learning opportunities. For purposes of this
subsection (b-15), "threat to school safety or a disruption to
other students' learning opportunities" shall be determined on
a case-by-case basis by the school board or its designee.
School officials shall make all reasonable efforts to resolve
such threats, address such disruptions, and minimize the
length of suspensions to the greatest extent practicable.
(b-20) Unless otherwise required by this Code,
out-of-school suspensions of longer than 3 days, expulsions,
and disciplinary removals to alternative schools may be used
only if other appropriate and available behavioral and
disciplinary interventions have been exhausted and the
student's continuing presence in school would either (i) pose

SB1754 - 23 - LRB102 14289 RLC 19641 b
a threat to the safety of other students, staff, or members of
the school community or (ii) substantially disrupt, impede, or
interfere with the operation of the school. For purposes of
this subsection (b-20), "threat to the safety of other
students, staff, or members of the school community" and
"substantially disrupt, impede, or interfere with the
operation of the school" shall be determined on a case-by-case
basis by school officials. For purposes of this subsection
(b-20), the determination of whether "appropriate and
available behavioral and disciplinary interventions have been
exhausted" shall be made by school officials. School officials
shall make all reasonable efforts to resolve such threats,
address such disruptions, and minimize the length of student
exclusions to the greatest extent practicable. Within the
suspension decision described in subsection (b) of this
Section or the expulsion decision described in subsection (a)
of this Section, it shall be documented whether other
interventions were attempted or whether it was determined that
there were no other appropriate and available interventions.
(b-25) Students who are suspended out-of-school for longer
than 4 school days shall be provided appropriate and available
support services during the period of their suspension. For
purposes of this subsection (b-25), "appropriate and available
support services" shall be determined by school authorities.
Within the suspension decision described in subsection (b) of
this Section, it shall be documented whether such services are

SB1754 - 24 - LRB102 14289 RLC 19641 b
to be provided or whether it was determined that there are no
such appropriate and available services.
A school district may refer students who are expelled to
appropriate and available support services.
A school district shall create a policy to facilitate the
re-engagement of students who are suspended out-of-school,
expelled, or returning from an alternative school setting.
(b-30) A school district shall create a policy by which
suspended pupils, including those pupils suspended from the
school bus who do not have alternate transportation to school,
shall have the opportunity to make up work for equivalent
academic credit. It shall be the responsibility of a pupil's
parent or guardian to notify school officials that a pupil
suspended from the school bus does not have alternate
transportation to school.
(c) The Department of Human Services shall be invited to
send a representative to consult with the board at such
meeting whenever there is evidence that mental illness may be
the cause for expulsion or suspension.
(c-5) School districts shall make reasonable efforts to
provide ongoing professional development to teachers,
administrators, school board members, school resource
officers, and staff on the adverse consequences of school
exclusion and justice-system involvement, effective classroom
management strategies, culturally responsive discipline, the
appropriate and available supportive services for the

SB1754 - 25 - LRB102 14289 RLC 19641 b
promotion of student attendance and engagement, and
developmentally appropriate disciplinary methods that promote
positive and healthy school climates.
(d) The board may expel a student for a definite period of
time not to exceed 2 calendar years, as determined on a
case-by-case basis. A student who is determined to have
brought one of the following objects to school, any
school-sponsored activity or event, or any activity or event
that bears a reasonable relationship to school shall be
expelled for a period of not less than one year:
(1) A firearm. For the purposes of this Section,
"firearm" means any gun, rifle, shotgun, weapon as defined
by Section 921 of Title 18 of the United States Code,
firearm as defined in Section 2-7.5 1.1 of the Firearm
Owners Identification Card Act, or firearm as defined in
Section 24-1 of the Criminal Code of 2012. The expulsion
period under this subdivision (1) may be modified by the
superintendent, and the superintendent's determination may
be modified by the board on a case-by-case basis.
(2) A knife, brass knuckles or other knuckle weapon
regardless of its composition, a billy club, or any other
object if used or attempted to be used to cause bodily
harm, including "look alikes" of any firearm as defined in
subdivision (1) of this subsection (d). The expulsion
requirement under this subdivision (2) may be modified by
the superintendent, and the superintendent's determination

SB1754 - 26 - LRB102 14289 RLC 19641 b
may be modified by the board on a case-by-case basis.
Expulsion or suspension shall be construed in a manner
consistent with the federal Individuals with Disabilities
Education Act. A student who is subject to suspension or
expulsion as provided in this Section may be eligible for a
transfer to an alternative school program in accordance with
Article 13A of the School Code.
(d-5) The board may suspend or by regulation authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend a
student for a period not to exceed 10 school days or may expel
a student for a definite period of time not to exceed 2
calendar years, as determined on a case-by-case basis, if (i)
that student has been determined to have made an explicit
threat on an Internet website against a school employee, a
student, or any school-related personnel, (ii) the Internet
website through which the threat was made is a site that was
accessible within the school at the time the threat was made or
was available to third parties who worked or studied within
the school grounds at the time the threat was made, and (iii)
the threat could be reasonably interpreted as threatening to
the safety and security of the threatened individual because
of his or her duties or employment status or status as a
student inside the school.
(e) To maintain order and security in the schools, school
authorities may inspect and search places and areas such as

SB1754 - 27 - LRB102 14289 RLC 19641 b
lockers, desks, parking lots, and other school property and
equipment owned or controlled by the school, as well as
personal effects left in those places and areas by students,
without notice to or the consent of the student, and without a
search warrant. As a matter of public policy, the General
Assembly finds that students have no reasonable expectation of
privacy in these places and areas or in their personal effects
left in these places and areas. School authorities may request
the assistance of law enforcement officials for the purpose of
conducting inspections and searches of lockers, desks, parking
lots, and other school property and equipment owned or
controlled by the school for illegal drugs, weapons, or other
illegal or dangerous substances or materials, including
searches conducted through the use of specially trained dogs.
If a search conducted in accordance with this Section produces
evidence that the student has violated or is violating either
the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and
disciplinary action may be taken. School authorities may also
turn over such evidence to law enforcement authorities.
(f) Suspension or expulsion may include suspension or
expulsion from school and all school activities and a
prohibition from being present on school grounds.
(g) A school district may adopt a policy providing that if
a student is suspended or expelled for any reason from any
public or private school in this or any other state, the

SB1754 - 28 - LRB102 14289 RLC 19641 b
student must complete the entire term of the suspension or
expulsion in an alternative school program under Article 13A
of this Code or an alternative learning opportunities program
under Article 13B of this Code before being admitted into the
school district if there is no threat to the safety of students
or staff in the alternative program.
(h) School officials shall not advise or encourage
students to drop out voluntarily due to behavioral or academic
difficulties.
(i) A student may not be issued a monetary fine or fee as a
disciplinary consequence, though this shall not preclude
requiring a student to provide restitution for lost, stolen,
or damaged property.
(j) Subsections (a) through (i) of this Section shall
apply to elementary and secondary schools, charter schools,
special charter districts, and school districts organized
under Article 34 of this Code.
(k) The expulsion of children enrolled in programs funded
under Section 1C-2 of this Code is subject to the requirements
under paragraph (7) of subsection (a) of Section 2-3.71 of
this Code.
(l) Beginning with the 2018-2019 school year, an in-school
suspension program provided by a school district for any
students in kindergarten through grade 12 may focus on
promoting non-violent conflict resolution and positive
interaction with other students and school personnel. A school

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district may employ a school social worker or a licensed
mental health professional to oversee an in-school suspension
program in kindergarten through grade 12.
(Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19;
100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff.
7-12-19.)
(105 ILCS 5/10-27.1A)
Sec. 10-27.1A. Firearms in schools.
(a) All school officials, including teachers, guidance
counselors, and support staff, shall immediately notify the
office of the principal in the event that they observe any
person in possession of a firearm on school grounds; provided
that taking such immediate action to notify the office of the
principal would not immediately endanger the health, safety,
or welfare of students who are under the direct supervision of
the school official or the school official. If the health,
safety, or welfare of students under the direct supervision of
the school official or of the school official is immediately
endangered, the school official shall notify the office of the
principal as soon as the students under his or her supervision
and he or she are no longer under immediate danger. A report is
not required by this Section when the school official knows
that the person in possession of the firearm is a law
enforcement official engaged in the conduct of his or her
official duties. Any school official acting in good faith who

SB1754 - 30 - LRB102 14289 RLC 19641 b
makes such a report under this Section shall have immunity
from any civil or criminal liability that might otherwise be
incurred as a result of making the report. The identity of the
school official making such report shall not be disclosed
except as expressly and specifically authorized by law.
Knowingly and willfully failing to comply with this Section is
a petty offense. A second or subsequent offense is a Class C
misdemeanor.
(b) Upon receiving a report from any school official
pursuant to this Section, or from any other person, the
principal or his or her designee shall immediately notify a
local law enforcement agency. If the person found to be in
possession of a firearm on school grounds is a student, the
principal or his or her designee shall also immediately notify
that student's parent or guardian. Any principal or his or her
designee acting in good faith who makes such reports under
this Section shall have immunity from any civil or criminal
liability that might otherwise be incurred or imposed as a
result of making the reports. Knowingly and willfully failing
to comply with this Section is a petty offense. A second or
subsequent offense is a Class C misdemeanor. If the person
found to be in possession of the firearm on school grounds is a
minor, the law enforcement agency shall detain that minor
until such time as the agency makes a determination pursuant
to clause (a) of subsection (1) of Section 5-401 of the
Juvenile Court Act of 1987, as to whether the agency

SB1754 - 31 - LRB102 14289 RLC 19641 b
reasonably believes that the minor is delinquent. If the law
enforcement agency determines that probable cause exists to
believe that the minor committed a violation of item (4) of
subsection (a) of Section 24-1 of the Criminal Code of 2012
while on school grounds, the agency shall detain the minor for
processing pursuant to Section 5-407 of the Juvenile Court Act
of 1987.
(c) On or after January 1, 1997, upon receipt of any
written, electronic, or verbal report from any school
personnel regarding a verified incident involving a firearm in
a school or on school owned or leased property, including any
conveyance owned, leased, or used by the school for the
transport of students or school personnel, the superintendent
or his or her designee shall report all such firearm-related
incidents occurring in a school or on school property to the
local law enforcement authorities immediately and to the
Department of State Police in a form, manner, and frequency as
prescribed by the Department of State Police.
The State Board of Education shall receive an annual
statistical compilation and related data associated with
incidents involving firearms in schools from the Department of
State Police. The State Board of Education shall compile this
information by school district and make it available to the
public.
(d) As used in this Section, the term "firearm" shall have
the meaning ascribed to it in Section 2-7.5 of the Criminal

SB1754 - 32 - LRB102 14289 RLC 19641 b
Code of 2012 1.1 of the Firearm Owners Identification Card
Act.
As used in this Section, the term "school" means any
public or private elementary or secondary school.
As used in this Section, the term "school grounds"
includes the real property comprising any school, any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a school-related
activity, or any public way within 1,000 feet of the real
property comprising any school.
(Source: P.A. 97-1150, eff. 1-25-13.)
(105 ILCS 5/34-8.05)
Sec. 34-8.05. Reporting firearms in schools. On or after
January 1, 1997, upon receipt of any written, electronic, or
verbal report from any school personnel regarding a verified
incident involving a firearm in a school or on school owned or
leased property, including any conveyance owned, leased, or
used by the school for the transport of students or school
personnel, the general superintendent or his or her designee
shall report all such firearm-related incidents occurring in a
school or on school property to the local law enforcement
authorities no later than 24 hours after the occurrence of the
incident and to the Department of State Police in a form,
manner, and frequency as prescribed by the Department of State
Police.

SB1754 - 33 - LRB102 14289 RLC 19641 b
The State Board of Education shall receive an annual
statistical compilation and related data associated with
incidents involving firearms in schools from the Department of
State Police. As used in this Section, the term "firearm"
shall have the meaning ascribed to it in Section 2-7.5 of the
Criminal Code of 2012 1.1 of the Firearm Owners Identification
Card Act.
(Source: P.A. 89-498, eff. 6-27-96.)
Section 40. The Illinois Explosives Act is amended by
changing Section 2005 as follows:
(225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
Sec. 2005. Qualifications for licensure.
(a) No person shall qualify to hold a license who:
(1) is under 21 years of age;
(2) has been convicted in any court of a crime
punishable by imprisonment for a term exceeding one year;
(3) is under indictment for a crime punishable by
imprisonment for a term exceeding one year;
(4) is a fugitive from justice;
(5) is an unlawful user of or addicted to any
controlled substance as defined in Section 102 of the
federal Controlled Substances Act (21 U.S.C. Sec. 802 et
seq.);
(6) has been adjudicated a person with a mental

SB1754 - 34 - LRB102 14289 RLC 19641 b
disability as defined in Section 6-103.1 of the Mental
Health and Developmental Disabilities Code 1.1 of the
Firearm Owners Identification Card Act; or
(7) is not a legal citizen of the United States or
lawfully admitted for permanent residence.
(b) A person who has been granted a "relief from
disabilities" regarding criminal convictions and indictments,
pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
845) may receive a license provided all other qualifications
under this Act are met.
(Source: P.A. 101-541, eff. 8-23-19.)
Section 45. The Private Detective, Private Alarm, Private
Security, and Locksmith Act of 2004 is amended by changing
Sections 35-30 and 35-35 as follows:
(225 ILCS 447/35-30)
(Section scheduled to be repealed on January 1, 2024)
Sec. 35-30. Employee requirements. All employees of a
licensed agency, other than those exempted, shall apply for a
permanent employee registration card. The holder of an agency
license issued under this Act, known in this Section as
"employer", may employ in the conduct of his or her business
employees under the following provisions:
(a) No person shall be issued a permanent employee
registration card who:

SB1754 - 35 - LRB102 14289 RLC 19641 b
(1) Is younger than 18 years of age.
(2) Is younger than 21 years of age if the services
will include being armed.
(3) Has been determined by the Department to be unfit
by reason of conviction of an offense in this or another
state, including registration as a sex offender, but not
including a traffic offense. Persons convicted of felonies
involving bodily harm, weapons, violence, or theft within
the previous 10 years shall be presumed to be unfit for
registration. The Department shall adopt rules for making
those determinations that shall afford the applicant due
process of law.
(4) Has had a license or permanent employee
registration card denied, suspended, or revoked under this
Act (i) within one year before the date the person's
application for permanent employee registration card is
received by the Department; and (ii) that refusal, denial,
suspension, or revocation was based on any provision of
this Act other than Section 40-50, item (6) or (8) of
subsection (a) of Section 15-10, subsection (b) of Section
15-10, item (6) or (8) of subsection (a) of Section 20-10,
subsection (b) of Section 20-10, item (6) or (8) of
subsection (a) of Section 25-10, subsection (b) of Section
25-10, item (7) of subsection (a) of Section 30-10,
subsection (b) of Section 30-10, or Section 10-40.
(5) Has been declared incompetent by any court of

SB1754 - 36 - LRB102 14289 RLC 19641 b
competent jurisdiction by reason of mental disease or
defect and has not been restored.
(6) Has been dishonorably discharged from the armed
services of the United States.
(b) No person may be employed by a private detective
agency, private security contractor agency, private alarm
contractor agency, fingerprint vendor agency, or locksmith
agency under this Section until he or she has executed and
furnished to the employer, on forms furnished by the
Department, a verified statement to be known as "Employee's
Statement" setting forth:
(1) The person's full name, age, and residence
address.
(2) The business or occupation engaged in for the 5
years immediately before the date of the execution of the
statement, the place where the business or occupation was
engaged in, and the names of employers, if any.
(3) That the person has not had a license or employee
registration denied, revoked, or suspended under this Act
(i) within one year before the date the person's
application for permanent employee registration card is
received by the Department; and (ii) that refusal, denial,
suspension, or revocation was based on any provision of
this Act other than Section 40-50, item (6) or (8) of
subsection (a) of Section 15-10, subsection (b) of Section
15-10, item (6) or (8) of subsection (a) of Section 20-10,

SB1754 - 37 - LRB102 14289 RLC 19641 b
subsection (b) of Section 20-10, item (6) or (8) of
subsection (a) of Section 25-10, subsection (b) of Section
25-10, item (7) of subsection (a) of Section 30-10,
subsection (b) of Section 30-10, or Section 10-40.
(4) Any conviction of a felony or misdemeanor.
(5) Any declaration of incompetence by a court of
competent jurisdiction that has not been restored.
(6) Any dishonorable discharge from the armed services
of the United States.
(7) Any other information as may be required by any
rule of the Department to show the good character,
competency, and integrity of the person executing the
statement.
(c) Each applicant for a permanent employee registration
card shall have his or her fingerprints submitted to the
Department of State Police in an electronic format that
complies with the form and manner for requesting and
furnishing criminal history record information as prescribed
by the Department of State Police. These fingerprints shall be
checked against the Department of State Police and Federal
Bureau of Investigation criminal history record databases now
and hereafter filed. The Department of State Police shall
charge applicants a fee for conducting the criminal history
records check, which shall be deposited in the State Police
Services Fund and shall not exceed the actual cost of the
records check. The Department of State Police shall furnish,

SB1754 - 38 - LRB102 14289 RLC 19641 b
pursuant to positive identification, records of Illinois
convictions to the Department. The Department may require
applicants to pay a separate fingerprinting fee, either to the
Department or directly to the vendor. The Department, in its
discretion, may allow an applicant who does not have
reasonable access to a designated vendor to provide his or her
fingerprints in an alternative manner. The Department, in its
discretion, may also use other procedures in performing or
obtaining criminal background checks of applicants. Instead of
submitting his or her fingerprints, an individual may submit
proof that is satisfactory to the Department that an
equivalent security clearance has been conducted. Also, an
individual who has retired as a peace officer within 12 months
of application may submit verification, on forms provided by
the Department and signed by his or her employer, of his or her
previous full-time employment as a peace officer.
(d) The Department shall issue a permanent employee
registration card, in a form the Department prescribes, to all
qualified applicants. The holder of a permanent employee
registration card shall carry the card at all times while
actually engaged in the performance of the duties of his or her
employment. Expiration and requirements for renewal of
permanent employee registration cards shall be established by
rule of the Department. Possession of a permanent employee
registration card does not in any way imply that the holder of
the card is employed by an agency unless the permanent

SB1754 - 39 - LRB102 14289 RLC 19641 b
employee registration card is accompanied by the employee
identification card required by subsection (f) of this
Section.
(e) Each employer shall maintain a record of each employee
that is accessible to the duly authorized representatives of
the Department. The record shall contain the following
information:
(1) A photograph taken within 10 days of the date that
the employee begins employment with the employer. The
photograph shall be replaced with a current photograph
every 3 calendar years.
(2) The Employee's Statement specified in subsection
(b) of this Section.
(3) All correspondence or documents relating to the
character and integrity of the employee received by the
employer from any official source or law enforcement
agency.
(4) In the case of former employees, the employee
identification card of that person issued under subsection
(f) of this Section. Each employee record shall duly note
if the employee is employed in an armed capacity. Armed
employee files shall contain a copy of an active firearm
owner's identification card and a copy of an active
firearm control card. Each employer shall maintain a
record for each armed employee of each instance in which
the employee's weapon was discharged during the course of

SB1754 - 40 - LRB102 14289 RLC 19641 b
his or her professional duties or activities. The record
shall be maintained on forms provided by the Department, a
copy of which must be filed with the Department within 15
days of an instance. The record shall include the date and
time of the occurrence, the circumstances involved in the
occurrence, and any other information as the Department
may require. Failure to provide this information to the
Department or failure to maintain the record as a part of
each armed employee's permanent file is grounds for
disciplinary action. The Department, upon receipt of a
report, shall have the authority to make any investigation
it considers appropriate into any occurrence in which an
employee's weapon was discharged and to take disciplinary
action as may be appropriate.
(5) A copy of the employee's permanent employee
registration card or a copy of the Department's "License
Lookup" Webpage showing that the employee has been issued
a valid permanent employee registration card by the
Department.
The Department may, by rule, prescribe further record
requirements.
(f) Every employer shall furnish an employee
identification card to each of his or her employees. This
employee identification card shall contain a recent photograph
of the employee, the employee's name, the name and agency
license number of the employer, the employee's personal

SB1754 - 41 - LRB102 14289 RLC 19641 b
description, the signature of the employer, the signature of
that employee, the date of issuance, and an employee
identification card number.
(g) No employer may issue an employee identification card
to any person who is not employed by the employer in accordance
with this Section or falsely state or represent that a person
is or has been in his or her employ. It is unlawful for an
applicant for registered employment to file with the
Department the fingerprints of a person other than himself or
herself.
(h) Every employer shall obtain the identification card of
every employee who terminates employment with him or her.
(i) Every employer shall maintain a separate roster of the
names of all employees currently working in an armed capacity
and submit the roster to the Department on request.
(j) No agency may employ any person to perform a licensed
activity under this Act unless the person possesses a valid
permanent employee registration card or a valid license under
this Act, or is exempt pursuant to subsection (n).
(k) Notwithstanding the provisions of subsection (j), an
agency may employ a person in a temporary capacity if all of
the following conditions are met:
(1) The agency completes in its entirety and submits
to the Department an application for a permanent employee
registration card, including the required fingerprint
receipt and fees.

SB1754 - 42 - LRB102 14289 RLC 19641 b
(2) The agency has verification from the Department
that the applicant has no record of any criminal
conviction pursuant to the criminal history check
conducted by the Department of State Police. The agency
shall maintain the verification of the results of the
Department of State Police criminal history check as part
of the employee record as required under subsection (e) of
this Section.
(3) The agency exercises due diligence to ensure that
the person is qualified under the requirements of the Act
to be issued a permanent employee registration card.
(4) The agency maintains a separate roster of the
names of all employees whose applications are currently
pending with the Department and submits the roster to the
Department on a monthly basis. Rosters are to be
maintained by the agency for a period of at least 24
months.
An agency may employ only a permanent employee applicant
for which it either submitted a permanent employee application
and all required forms and fees or it confirms with the
Department that a permanent employee application and all
required forms and fees have been submitted by another agency,
licensee or the permanent employee and all other requirements
of this Section are met.
The Department shall have the authority to revoke, without
a hearing, the temporary authority of an individual to work

SB1754 - 43 - LRB102 14289 RLC 19641 b
upon receipt of Federal Bureau of Investigation fingerprint
data or a report of another official authority indicating a
criminal conviction. If the Department has not received a
temporary employee's Federal Bureau of Investigation
fingerprint data within 120 days of the date the Department
received the Department of State Police fingerprint data, the
Department may, at its discretion, revoke the employee's
temporary authority to work with 15 days written notice to the
individual and the employing agency.
An agency may not employ a person in a temporary capacity
if it knows or reasonably should have known that the person has
been convicted of a crime under the laws of this State, has
been convicted in another state of any crime that is a crime
under the laws of this State, has been convicted of any crime
in a federal court, or has been posted as an unapproved
applicant by the Department. Notice by the Department to the
agency, via certified mail, personal delivery, electronic
mail, or posting on the Department's Internet site accessible
to the agency that the person has been convicted of a crime
shall be deemed constructive knowledge of the conviction on
the part of the agency. The Department may adopt rules to
implement this subsection (k).
(l) No person may be employed under this Section in any
capacity if:
(1) the person, while so employed, is being paid by
the United States or any political subdivision for the

SB1754 - 44 - LRB102 14289 RLC 19641 b
time so employed in addition to any payments he or she may
receive from the employer; or
(2) the person wears any portion of his or her
official uniform, emblem of authority, or equipment while
so employed.
(m) If information is discovered affecting the
registration of a person whose fingerprints were submitted
under this Section, the Department shall so notify the agency
that submitted the fingerprints on behalf of that person.
(n) Peace officers shall be exempt from the requirements
of this Section relating to permanent employee registration
cards. The agency shall remain responsible for any peace
officer employed under this exemption, regardless of whether
the peace officer is compensated as an employee or as an
independent contractor and as further defined by rule.
(o) Persons who have no access to confidential or security
information, who do not go to a client's or prospective
client's residence or place of business, and who otherwise do
not provide traditional security services are exempt from
employee registration. Examples of exempt employees include,
but are not limited to, employees working in the capacity of
ushers, directors, ticket takers, cashiers, drivers, and
reception personnel. Confidential or security information is
that which pertains to employee files, scheduling, client
contracts, or technical security and alarm data.
(p) An applicant who is 21 years of age or older seeking a

SB1754 - 45 - LRB102 14289 RLC 19641 b
religious exemption to the photograph requirement of this
Section shall furnish with the application an approved copy of
United States Department of the Treasury Internal Revenue
Service Form 4029. Regardless of age, an applicant seeking a
religious exemption to this photograph requirement shall
submit fingerprints in a form and manner prescribed by the
Department with his or her application in lieu of a
photograph.
(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)
(225 ILCS 447/35-35)
(Section scheduled to be repealed on January 1, 2024)
Sec. 35-35. Requirement of a firearm control card.
(a) No person shall perform duties that include the use,
carrying, or possession of a firearm in the performance of
those duties without complying with the provisions of this
Section and having been issued a valid firearm control card by
the Department.
(b) No employer shall employ any person to perform the
duties for which licensure or employee registration is
required and allow that person to carry a firearm unless that
person has complied with all the firearm training requirements
of this Section and has been issued a firearm control card.
This Act permits only the following to carry firearms while
actually engaged in the performance of their duties or while
commuting directly to or from their places of employment:

SB1754 - 46 - LRB102 14289 RLC 19641 b
persons licensed as private detectives and their registered
employees; persons licensed as private security contractors
and their registered employees; persons licensed as private
alarm contractors and their registered employees; and
employees of a registered armed proprietary security force.
(c) Possession of a valid firearm control card allows a
licensee or employee to carry a firearm not otherwise
prohibited by law while the licensee or employee is engaged in
the performance of his or her duties or while the licensee or
employee is commuting directly to or from the licensee's or
employee's place or places of employment.
(d) The Department shall issue a firearm control card to a
person who has passed an approved firearm training course, who
is currently licensed or employed by an agency licensed by
this Act and has met all the requirements of this Act, and who
is not prohibited under State or federal law from possessing a
firearm possesses a valid firearm owner identification card.
Application for the firearm control card shall be made by the
employer to the Department on forms provided by the
Department. The Department shall forward the card to the
employer who shall be responsible for its issuance to the
licensee or employee. The firearm control card shall be issued
by the Department and shall identify the person holding it and
the name of the course where the licensee or employee received
firearm instruction and shall specify the type of weapon or
weapons the person is authorized by the Department to carry

SB1754 - 47 - LRB102 14289 RLC 19641 b
and for which the person has been trained.
(e) Expiration and requirements for renewal of firearm
control cards shall be determined by rule.
(f) The Department may, in addition to any other
disciplinary action permitted by this Act, refuse to issue,
suspend, or revoke a firearm control card if the applicant or
holder has been convicted of any felony or crime involving the
illegal use, carrying, or possession of a deadly weapon or for
a violation of this Act or rules adopted promulgated under
this Act. The Department shall refuse to issue or shall revoke
a firearm control card if the applicant or holder is
prohibited under State or federal law from possessing a
firearm fails to possess a valid firearm owners identification
card without hearing. The Secretary shall summarily suspend a
firearm control card if the Secretary finds that its continued
use would constitute an imminent danger to the public. A
hearing shall be held before the Board within 30 days if the
Secretary summarily suspends a firearm control card.
(g) Notwithstanding any other provision of this Act to the
contrary, all requirements relating to firearms control cards
do not apply to a peace officer. If an individual ceases to be
employed as a peace officer and continues to perform services
in an armed capacity under this Act that are licensed
activities, then the individual is required to obtain a
permanent employee registration card pursuant to Section 35-30
of this Act and must possess a valid Firearm Owner's

SB1754 - 48 - LRB102 14289 RLC 19641 b
Identification Card, but is not required to obtain a firearm
control card if the individual is otherwise in continuing
compliance with the federal Law Enforcement Officers Safety
Act of 2004. If an individual elects to carry a firearm
pursuant to the federal Law Enforcement Officers Safety Act of
2004, then the agency employing the officer is required to
submit a notice of that election to the Department along with a
fee specified by rule.
(h) The Department may issue a temporary firearm control
card pending issuance of a new firearm control card upon an
agency's acquiring of an established armed account. An agency
that has acquired armed employees as a result of acquiring an
established armed account may, on forms supplied by the
Department, request the issuance of a temporary firearm
control card for each acquired employee who held a valid
firearm control card under his or her employment with the
newly acquired established armed account immediately preceding
the acquiring of the account and who continues to meet all of
the qualifications for issuance of a firearm control card set
forth in this Act and any rules adopted under this Act. The
Department shall, by rule, set the fee for issuance of a
temporary firearm control card.
(i) The Department shall not issue a firearm control card
to a licensed fingerprint vendor or a licensed locksmith or
employees of a licensed fingerprint vendor agency or a
licensed locksmith agency.

SB1754 - 49 - LRB102 14289 RLC 19641 b
(Source: P.A. 100-712, eff. 8-3-18.)
Section 50. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 6-103.1,
6-103.2, and 6-103.3 as follows:
(405 ILCS 5/6-103.1)
Sec. 6-103.1. Adjudication as a person with a mental
disability. When a person has been adjudicated as a person
with a mental disability as defined in Section 1.1 of the
Firearm Owners Identification Card Act, including, but not
limited to, an adjudication as a person with a disability as
defined in Section 11a-2 of the Probate Act of 1975, the court
shall direct the circuit court clerk to notify the Department
of State Police, Firearm Owner's Identification (FOID) Office,
in a form and manner prescribed by the Department of State
Police, and shall forward a copy of the court order to the
Department no later than 7 days after the entry of the order.
Upon receipt of the order, the Department of State Police
shall provide notification to the National Instant Criminal
Background Check System. In this Section, "has been
adjudicated as a mentally disabled person" means the person is
the subject of a determination by a court, board, commission,
or other lawful authority that the person, as a result of
marked subnormal intelligence, or mental illness, mental
impairment, incompetency, condition, or disease:

SB1754 - 50 - LRB102 14289 RLC 19641 b
(1) presents a clear and present danger to himself,
herself, or to others;
(2) lacks the mental capacity to manage his or her own
affairs or is adjudicated a disabled person as defined in
Section 11a-2 of the Probate Act of 1975;
(3) is not guilty in a criminal case by reason of
insanity, mental disease or defect;
(3.5) is guilty but mentally ill, as provided in
Section 5-2-6 of the Unified Code of Corrections;
(4) is unfit to stand trial in a criminal case;
(5) is not guilty by reason of lack of mental
responsibility under Articles 50a and 72b of the Uniform
Code of Military Justice, 10 U.S.C. 850a, 876b;
(6) is a sexually violent person under subsection (f)
of Section 5 of the Sexually Violent Persons Commitment
Act;
(7) is a sexually dangerous person under the Sexually
Dangerous Persons Act;
(8) is unfit to stand trial under the Juvenile Court
Act of 1987;
(9) is not guilty by reason of insanity under the
Juvenile Court Act of 1987;
(10) is a person subject to involuntary admission on
an inpatient basis as defined in Section 1-119 of the
Mental Health and Developmental Disabilities Code;
(11) is a person subject to involuntary admission on

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an outpatient basis as defined in Section 1-119.1 of the
Mental Health and Developmental Disabilities Code;
(12) is subject to judicial admission as set forth in
Section 4-500 of the Mental Health and Developmental
Disabilities Code; or
(13) is subject to the provisions of the Interstate
Agreements on Sexually Dangerous Persons Act.
(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
(405 ILCS 5/6-103.2)
Sec. 6-103.2. Developmental disability; notice. If a
person 14 years old or older is determined to be a person with
a developmental disability by a physician, clinical
psychologist, or qualified examiner, the physician, clinical
psychologist, or qualified examiner shall notify the
Department of Human Services within 7 days of making the
determination that the person has a developmental disability.
The Department of Human Services shall immediately update its
records and information relating to mental health and
developmental disabilities, and if appropriate, shall notify
the Department of State Police in a form and manner prescribed
by the Department of State Police. Information disclosed under
this Section shall remain privileged and confidential, and
shall not be redisclosed, except as required under clause
(e)(2) of Section 24-4.5 of the Criminal Code of 2012
subsection (e) of Section 3.1 of the Firearm Owners

SB1754 - 52 - LRB102 14289 RLC 19641 b
Identification Card Act, nor used for any other purpose. The
method of providing this information shall guarantee that the
information is not released beyond that which is necessary for
the purpose of this Section and shall be provided by rule by
the Department of Human Services. The identity of the person
reporting under this Section shall not be disclosed to the
subject of the report.
The physician, clinical psychologist, or qualified
examiner making the determination and his or her employer may
not be held criminally, civilly, or professionally liable for
making or not making the notification required under this
Section, except for willful or wanton misconduct.
In this Section, "developmentally disabled" has the
meaning ascribed to it in Section 12 of the Mental Health and
Developmental Disabilities Confidentiality Act.
In For purposes of this Section, "developmental
disability" means a disability which is attributable to any
other condition which results in impairment similar to that
caused by an intellectual disability and which requires
services similar to those required by intellectually disabled
persons. The disability must originate before the age of 18
years, be expected to continue indefinitely, and constitute a
substantial disability. This disability results, in the
professional opinion of a physician, clinical psychologist, or
qualified examiner, in significant functional limitations in 3
or more of the following areas of major life activity:

SB1754 - 53 - LRB102 14289 RLC 19641 b
(i) self-care;
(ii) receptive and expressive language;
(iii) learning;
(iv) mobility; or
(v) self-direction.
"Determined to be a person with a developmental disability
by a physician, clinical psychologist, or qualified examiner"
means in the professional opinion of the physician, clinical
psychologist, or qualified examiner, a person is diagnosed,
assessed, or evaluated as having a developmental disability.
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
eff. 7-27-15; 99-642, eff. 7-28-16.)
(405 ILCS 5/6-103.3)
Sec. 6-103.3. Clear and present danger; notice. If a
person is determined to pose a clear and present danger to
himself, herself, or to others by a physician, clinical
psychologist, or qualified examiner, whether employed by the
State, by any public or private mental health facility or part
thereof, or by a law enforcement official or a school
administrator, then the physician, clinical psychologist,
qualified examiner shall notify the Department of Human
Services and a law enforcement official or school
administrator shall notify the Department of State Police,
within 24 hours of making the determination that the person
poses a clear and present danger. The Department of Human

SB1754 - 54 - LRB102 14289 RLC 19641 b
Services shall immediately update its records and information
relating to mental health and developmental disabilities, and
if appropriate, shall notify the Department of State Police in
a form and manner prescribed by the Department of State
Police. Information disclosed under this Section shall remain
privileged and confidential, and shall not be redisclosed,
except as required under clause (e)(2) of Section 24-4.5 of
the Criminal Code of 2012 subsection (e) of Section 3.1 of the
Firearm Owners Identification Card Act, nor used for any other
purpose. The method of providing this information shall
guarantee that the information is not released beyond that
which is necessary for the purpose of this Section and shall be
provided by rule by the Department of Human Services. The
identity of the person reporting under this Section shall not
be disclosed to the subject of the report. The physician,
clinical psychologist, qualified examiner, law enforcement
official, or school administrator making the determination and
his or her employer shall not be held criminally, civilly, or
professionally liable for making or not making the
notification required under this Section, except for willful
or wanton misconduct. This Section does not apply to a law
enforcement official, if making the notification under this
Section will interfere with an ongoing or pending criminal
investigation.
In For the purposes of this Section:
"Clear and present danger" means a person who:

SB1754 - 55 - LRB102 14289 RLC 19641 b
(1) communicates a serious threat of physical
violence against a reasonably identifiable victim or
poses a clear and imminent risk of serious physical
injury to himself, herself, or another person as
determined by a physician, clinical psychologist, or
qualified examiner; or
(2) demonstrates threatening physical or verbal
behavior, such as violent, suicidal, or assaultive
threats, actions, or other behavior, as determined by
a physician, clinical psychologist, qualified
examiner, school administrator, or law enforcement
official.
"Physician", "clinical psychologist", and "qualified
examiner" have the meanings ascribed to them in the Mental
Health and Developmental Disabilities Code has the meaning
ascribed to it in Section 1.1 of the Firearm Owners
Identification Card Act.
"Determined to pose a clear and present danger to
himself, herself, or to others by a physician, clinical
psychologist, or qualified examiner" means in the
professional opinion of the physician, clinical
psychologist, or qualified examiner, a person poses a
clear and present danger.
"School administrator" means the person required to
report under the School Administrator Reporting of Mental
Health Clear and Present Danger Determinations Law.

SB1754 - 56 - LRB102 14289 RLC 19641 b
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
Section 55. The Lead Poisoning Prevention Act is amended
by changing Section 2 as follows:
(410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
Sec. 2. Definitions. As used in this Act:
"Child care facility" means any structure used by a child
care provider licensed by the Department of Children and
Family Services or public or private school structure
frequented by children 6 years of age or younger.
"Childhood Lead Risk Questionnaire" means the
questionnaire developed by the Department for use by
physicians and other health care providers to determine risk
factors for children 6 years of age or younger residing in
areas designated as low risk for lead exposure.
"Delegate agency" means a unit of local government or
health department approved by the Department to carry out the
provisions of this Act.
"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"Dwelling unit" means an individual unit within a
residential building used as living quarters for one
household.
"Elevated blood lead level" means a blood lead level in
excess of the limits established under State rules.

SB1754 - 57 - LRB102 14289 RLC 19641 b
"Exposed surface" means any interior or exterior surface
of a regulated facility.
"High risk area" means an area in the State determined by
the Department to be high risk for lead exposure for children 6
years of age or younger. The Department may consider, but is
not limited to, the following factors to determine a high risk
area: age and condition (using Department of Housing and Urban
Development definitions of "slum" and "blighted") of housing,
proximity to highway traffic or heavy local traffic or both,
percentage of housing determined as rental or vacant,
proximity to industry using lead, established incidence of
elevated blood lead levels in children, percentage of
population living below 200% of federal poverty guidelines,
and number of children residing in the area who are 6 years of
age or younger.
"Lead abatement" means any approved work practices that
will permanently eliminate lead exposure or remove the
lead-bearing substances in a regulated facility. The
Department shall establish by rule which work practices are
approved or prohibited for lead abatement.
"Lead abatement contractor" means any person or entity
licensed by the Department to perform lead abatement and
mitigation.
"Lead abatement supervisor" means any person employed by a
lead abatement contractor and licensed by the Department to
perform lead abatement and lead mitigation and to supervise

SB1754 - 58 - LRB102 14289 RLC 19641 b
lead workers who perform lead abatement and lead mitigation.
"Lead abatement worker" means any person employed by a
lead abatement contractor and licensed by the Department to
perform lead abatement and mitigation.
"Lead activities" means the conduct of any lead services,
including, lead inspection, lead risk assessment, lead
mitigation, or lead abatement work or supervision in a
regulated facility.
"Lead-bearing substance" means any item containing or
coated with lead such that the lead content is more than
six-hundredths of one percent (0.06%) lead by total weight; or
any dust on surfaces or in furniture or other nonpermanent
elements of the regulated facility; or any paint or other
surface coating material containing more than five-tenths of
one percent (0.5%) lead by total weight (calculated as lead
metal) in the total non-volatile content of liquid paint; or
lead-bearing substances containing greater than one milligram
per square centimeter or any lower standard for lead content
in residential paint as may be established by federal law or
rule; or more than 1 milligram per square centimeter in the
dried film of paint or previously applied substance; or item
or dust on item containing lead in excess of the amount
specified in the rules authorized by this Act or a lower
standard for lead content as may be established by federal law
or rule. "Lead-bearing substance" does not include firearm
ammunition or components as defined by Section 2-7.1 of the

SB1754 - 59 - LRB102 14289 RLC 19641 b
Criminal Code of 2012 the Firearm Owners Identification Card
Act.
"Lead hazard" means a lead-bearing substance that poses an
immediate health hazard to humans.
"Lead hazard screen" means a lead risk assessment that
involves limited dust and paint sampling for lead-bearing
substances and lead hazards. This service is used as a
screening tool designed to determine if further lead
investigative services are required for the regulated
facility.
"Lead inspection" means a surface-by-surface investigation
to determine the presence of lead-based paint.
"Lead inspector" means an individual who has been trained
by a Department-approved training program and is licensed by
the Department to conduct lead inspections; to sample for the
presence of lead in paint, dust, soil, and water; and to
conduct compliance investigations.
"Lead mitigation" means the remediation, in a manner
described in Section 9, of a lead hazard so that the
lead-bearing substance does not pose an immediate health
hazard to humans.
"Lead poisoning" means having an elevated blood lead
level.
"Lead risk assessment" means an on-site investigation to
determine the existence, nature, severity, and location of
lead hazards. "Lead risk assessment" includes any lead

SB1754 - 60 - LRB102 14289 RLC 19641 b
sampling and visual assessment associated with conducting a
lead risk assessment and lead hazard screen and all lead
sampling associated with compliance investigations.
"Lead risk assessor" means an individual who has been
trained by a Department-approved training program and is
licensed by the Department to conduct lead risk assessments,
lead inspections, and lead hazard screens; to sample for the
presence of lead in paint, dust, soil, water, and sources for
lead-bearing substances; and to conduct compliance
investigations.
"Lead training program provider" means any person
providing Department-approved lead training in Illinois to
individuals seeking licensure in accordance with the Act.
"Low risk area" means an area in the State determined by
the Department to be low risk for lead exposure for children 6
years of age or younger. The Department may consider the
factors named in "high risk area" to determine low risk areas.
"Owner" means any person, who alone, jointly, or severally
with others:
(a) Has legal title to any regulated facility, with or
without actual possession of the regulated facility, or
(b) Has charge, care, or control of the regulated
facility as owner or agent of the owner, or as executor,
administrator, trustee, or guardian of the estate of the
owner.
"Person" means any individual, partnership, firm, company,

SB1754 - 61 - LRB102 14289 RLC 19641 b
limited liability company, corporation, association, joint
stock company, trust, estate, political subdivision, State
agency, or any other legal entity, or their legal
representative, agent, or assign.
"Regulated facility" means a residential building or child
care facility.
"Residential building" means any room, group of rooms, or
other interior areas of a structure designed or used for human
habitation; common areas accessible by inhabitants; and the
surrounding property or structures.
(Source: P.A. 100-723, eff. 1-1-19.)
(430 ILCS 65/Act rep.)
Section 60. The Firearm Owners Identification Card Act is
repealed.
Section 65. The Firearm Concealed Carry Act is amended by
changing Sections 25, 30, 40, 70, 80, and 105 as follows:
(430 ILCS 66/25)
Sec. 25. Qualifications for a license.
The Department shall issue a license to an applicant
completing an application in accordance with Section 30 of
this Act if the person:
(1) is at least 21 years of age;
(2) has a currently valid Firearm Owner's

SB1754 - 62 - LRB102 14289 RLC 19641 b
Identification Card and at the time of application meets
the requirements for the issuance of a Firearm Owner's
Identification Card and is not prohibited under State or
the Firearm Owners Identification Card Act or federal law
from possessing or receiving a firearm;
(3) has not been convicted or found guilty in this
State or in any other state of:
(A) a misdemeanor involving the use or threat of
physical force or violence to any person within the 5
years preceding the date of the license application;
or
(B) 2 or more violations related to driving while
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof, within the 5 years preceding the date of the
license application;
(4) is not the subject of a pending arrest warrant,
prosecution, or proceeding for an offense or action that
could lead to disqualification to own or possess a
firearm;
(5) has not been in residential or court-ordered
treatment for alcoholism, alcohol detoxification, or drug
treatment within the 5 years immediately preceding the
date of the license application; and
(6) has completed firearms training and any education
component required under Section 75 of this Act.

SB1754 - 63 - LRB102 14289 RLC 19641 b
(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
(430 ILCS 66/30)
Sec. 30. Contents of license application.
(a) The license application shall be in writing, under
penalty of perjury, on a standard form adopted by the
Department and shall be accompanied by the documentation
required in this Section and the applicable fee. Each
application form shall include the following statement printed
in bold type: "Warning: Entering false information on this
form is punishable as perjury under Section 32-2 of the
Criminal Code of 2012."
(b) The application shall contain the following:
(1) the applicant's name, current address, date and
year of birth, place of birth, height, weight, hair color,
eye color, maiden name or any other name the applicant has
used or identified with, and any address where the
applicant resided for more than 30 days within the 10
years preceding the date of the license application;
(2) the applicant's valid driver's license number or
valid state identification card number;
(3) a waiver of the applicant's privacy and
confidentiality rights and privileges under all federal
and state laws, including those limiting access to
juvenile court, criminal justice, psychological, or
psychiatric records or records relating to any

SB1754 - 64 - LRB102 14289 RLC 19641 b
institutionalization of the applicant, and an affirmative
request that a person having custody of any of these
records provide it or information concerning it to the
Department. The waiver only applies to records sought in
connection with determining whether the applicant
qualifies for a license to carry a concealed firearm under
this Act, or whether the applicant remains in compliance
with the Firearm Owners Identification Card Act;
(4) an affirmation that the applicant is not
prohibited under State or federal law from possessing or
receiving a firearm possesses a currently valid Firearm
Owner's Identification Card and card number if possessed
or notice the applicant is applying for a Firearm Owner's
Identification Card in conjunction with the license
application;
(5) an affirmation that the applicant has not been
convicted or found guilty of:
(A) a felony;
(B) a misdemeanor involving the use or threat of
physical force or violence to any person within the 5
years preceding the date of the application; or
(C) 2 or more violations related to driving while
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof, within the 5 years preceding the date of the
license application; and

SB1754 - 65 - LRB102 14289 RLC 19641 b
(6) whether the applicant has failed a drug test for a
drug for which the applicant did not have a prescription,
within the previous year, and if so, the provider of the
test, the specific substance involved, and the date of the
test;
(7) written consent for the Department to review and
use the applicant's Illinois digital driver's license or
Illinois identification card photograph and signature;
(8) a full set of fingerprints submitted to the
Department in electronic format, provided the Department
may accept an application submitted without a set of
fingerprints in which case the Department shall be granted
30 days in addition to the 90 days provided under
subsection (e) of Section 10 of this Act to issue or deny a
license;
(9) a head and shoulder color photograph in a size
specified by the Department taken within the 30 days
preceding the date of the license application; and
(10) a photocopy of any certificates or other evidence
of compliance with the training requirements under this
Act.
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
(430 ILCS 66/40)
Sec. 40. Non-resident license applications.
(a) For the purposes of this Section, "non-resident" means

SB1754 - 66 - LRB102 14289 RLC 19641 b
a person who has not resided within this State for more than 30
days and resides in another state or territory.
(b) The Department shall by rule allow for non-resident
license applications from any state or territory of the United
States with laws related to firearm ownership, possession, and
carrying, that are substantially similar to the requirements
to obtain a license under this Act.
(c) A resident of a state or territory approved by the
Department under subsection (b) of this Section may apply for
a non-resident license. The applicant shall apply to the
Department and must meet all of the qualifications established
in Section 25 of this Act, except for the Illinois residency
requirement in item (xiv) of paragraph (2) of subsection (a)
of Section 4 of the Firearm Owners Identification Card Act.
The applicant shall submit:
(1) the application and documentation required under
Section 30 of this Act and the applicable fee;
(2) a notarized document stating that the applicant:
(A) is eligible under federal law and the laws of
his or her state or territory of residence to own or
possess a firearm;
(B) if applicable, has a license or permit to
carry a firearm or concealed firearm issued by his or
her state or territory of residence and attach a copy
of the license or permit to the application;
(C) understands Illinois laws pertaining to the

SB1754 - 67 - LRB102 14289 RLC 19641 b
possession and transport of firearms; and
(D) acknowledges that the applicant is subject to
the jurisdiction of the Department and Illinois courts
for any violation of this Act;
(3) a photocopy of any certificates or other evidence
of compliance with the training requirements under Section
75 of this Act; and
(4) a head and shoulder color photograph in a size
specified by the Department taken within the 30 days
preceding the date of the application.
(d) In lieu of an Illinois driver's license or Illinois
identification card, a non-resident applicant shall provide
similar documentation from his or her state or territory of
residence. The applicant shall submit In lieu of a valid
Firearm Owner's Identification Card, the applicant shall
submit documentation and information required by the
Department to obtain a Firearm Owner's Identification Card,
including an affidavit that the non-resident meets the mental
health standards to obtain a firearm under Illinois law, and
the Department shall ensure that the applicant would meet the
eligibility criteria under State law to possess a firearm to
obtain a Firearm Owner's Identification card if he or she was a
resident of this State.
(e) Nothing in this Act shall prohibit a non-resident from
transporting a concealed firearm within his or her vehicle in
Illinois, if the concealed firearm remains within his or her

SB1754 - 68 - LRB102 14289 RLC 19641 b
vehicle and the non-resident:
(1) is not prohibited from owning or possessing a
firearm under federal law;
(2) is eligible to carry a firearm in public under the
laws of his or her state or territory of residence, as
evidenced by the possession of a concealed carry license
or permit issued by his or her state of residence, if
applicable; and
(3) is not in possession of a license under this Act.
If the non-resident leaves his or her vehicle unattended,
he or she shall store the firearm within a locked vehicle or
locked container within the vehicle in accordance with
subsection (b) of Section 65 of this Act.
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
eff. 7-20-15.)
(430 ILCS 66/70)
Sec. 70. Violations.
(a) A license issued or renewed under this Act shall be
revoked if, at any time, the licensee is found to be ineligible
for a license under this Act or the licensee is prohibited from
possessing a firearm under State or federal law no longer
meets the eligibility requirements of the Firearm Owners
Identification Card Act.
(b) A license shall be suspended if an order of
protection, including an emergency order of protection,

SB1754 - 69 - LRB102 14289 RLC 19641 b
plenary order of protection, or interim order of protection
under Article 112A of the Code of Criminal Procedure of 1963 or
under the Illinois Domestic Violence Act of 1986, or if a
firearms restraining order, including an emergency firearms
restraining order, under the Firearms Restraining Order Act,
is issued against a licensee for the duration of the order, or
if the Department is made aware of a similar order issued
against the licensee in any other jurisdiction. If an order of
protection is issued against a licensee, the licensee shall
surrender the license, as applicable, to the court at the time
the order is entered or to the law enforcement agency or entity
serving process at the time the licensee is served the order.
The court, law enforcement agency, or entity responsible for
serving the order of protection shall notify the Department
within 7 days and transmit the license to the Department.
(c) A license is invalid upon expiration of the license,
unless the licensee has submitted an application to renew the
license, and the applicant is otherwise eligible to possess a
license under this Act.
(d) A licensee shall not carry a concealed firearm while
under the influence of alcohol, other drug or drugs,
intoxicating compound or combination of compounds, or any
combination thereof, under the standards set forth in
subsection (a) of Section 11-501 of the Illinois Vehicle Code.
A licensee in violation of this subsection (d) shall be
guilty of a Class A misdemeanor for a first or second violation

SB1754 - 70 - LRB102 14289 RLC 19641 b
and a Class 4 felony for a third violation. The Department may
suspend a license for up to 6 months for a second violation and
shall permanently revoke a license for a third violation.
(e) Except as otherwise provided, a licensee in violation
of this Act shall be guilty of a Class B misdemeanor. A second
or subsequent violation is a Class A misdemeanor. The
Department may suspend a license for up to 6 months for a
second violation and shall permanently revoke a license for 3
or more violations of Section 65 of this Act. Any person
convicted of a violation under this Section shall pay a $150
fee to be deposited into the Mental Health Reporting Fund,
plus any applicable court costs or fees.
(f) A licensee convicted or found guilty of a violation of
this Act who has a valid license and is otherwise eligible to
carry a concealed firearm shall only be subject to the
penalties under this Section and shall not be subject to the
penalties under Section 21-6, paragraph (4), (8), or (10) of
subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
of paragraph (3) of subsection (a) of Section 24-1.6 of the
Criminal Code of 2012. Except as otherwise provided in this
subsection, nothing in this subsection prohibits the licensee
from being subjected to penalties for violations other than
those specified in this Act.
(g) A licensee whose license is revoked, suspended, or
denied shall, within 48 hours of receiving notice of the
revocation, suspension, or denial, surrender his or her

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concealed carry license to the local law enforcement agency
where the person resides. The local law enforcement agency
shall provide the licensee a receipt and transmit the
concealed carry license to the Department of State Police. If
the licensee whose concealed carry license has been revoked,
suspended, or denied fails to comply with the requirements of
this subsection, the law enforcement agency where the person
resides may petition the circuit court to issue a warrant to
search for and seize the concealed carry license in the
possession and under the custody or control of the licensee
whose concealed carry license has been revoked, suspended, or
denied. The observation of a concealed carry license in the
possession of a person whose license has been revoked,
suspended, or denied constitutes a sufficient basis for the
arrest of that person for violation of this subsection. A
violation of this subsection is a Class A misdemeanor.
(h) (Blank). A license issued or renewed under this Act
shall be revoked if, at any time, the licensee is found
ineligible for a Firearm Owner's Identification Card, or the
licensee no longer possesses a valid Firearm Owner's
Identification Card. A licensee whose license is revoked under
this subsection (h) shall surrender his or her concealed carry
license as provided for in subsection (g) of this Section.
This subsection shall not apply to a person who has filed
an application with the State Police for renewal of a Firearm
Owner's Identification Card and who is not otherwise

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ineligible to obtain a Firearm Owner's Identification Card.
(i) A certified firearms instructor who knowingly provides
or offers to provide a false certification that an applicant
has completed firearms training as required under this Act is
guilty of a Class A misdemeanor. A person guilty of a violation
of this subsection (i) is not eligible for court supervision.
The Department shall permanently revoke the firearms
instructor certification of a person convicted under this
subsection (i).
(Source: P.A. 100-607, eff. 1-1-19.)
(430 ILCS 66/80)
Sec. 80. Certified firearms instructors.
(a) Within 60 days of the effective date of this Act, the
Department shall begin approval of certified firearms
instructors and enter certified firearms instructors into an
online registry on the Department's website.
(b) A person who is not a certified firearms instructor
shall not teach applicant training courses or advertise or
otherwise represent courses they teach as qualifying their
students to meet the requirements to receive a license under
this Act. Each violation of this subsection is a business
offense with a fine of at least $1,000 per violation.
(c) A person seeking to become a certified firearms
instructor shall:
(1) be at least 21 years of age;

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(2) be a legal resident of the United States; and
(3) meet the requirements of Section 25 of this Act,
except for the Illinois residency requirement in item
(xiv) of paragraph (2) of subsection (a) of Section 4 of
the Firearm Owners Identification Card Act; and any
additional uniformly applied requirements established by
the Department.
(d) A person seeking to become a certified firearms
instructor, in addition to the requirements of subsection (c)
of this Section, shall:
(1) possess a high school diploma or high school
equivalency certificate; and
(2) have at least one of the following valid firearms
instructor certifications:
(A) certification from a law enforcement agency;
(B) certification from a firearm instructor course
offered by a State or federal governmental agency;
(C) certification from a firearm instructor
qualification course offered by the Illinois Law
Enforcement Training Standards Board; or
(D) certification from an entity approved by the
Department that offers firearm instructor education
and training in the use and safety of firearms.
(e) A person may have his or her firearms instructor
certification denied or revoked if he or she does not meet the
requirements to obtain a license under this Act, provides

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false or misleading information to the Department, or has had
a prior instructor certification revoked or denied by the
Department.
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13;
98-718, eff. 1-1-15.)
(430 ILCS 66/105)
Sec. 105. Duty of school administrator. It is the duty of
the principal of a public elementary or secondary school, or
his or her designee, and the chief administrative officer of a
private elementary or secondary school or a public or private
community college, college, or university, or his or her
designee, to report to the Department of State Police when a
student is determined to pose a clear and present danger to
himself, herself, or to others, within 24 hours of the
determination as provided in Section 6-103.3 of the Mental
Health and Developmental Disabilities Code. "Clear and present
danger" has the meaning as provided in paragraph (2) of the
definition of "clear and present danger" in Section 6-103.3 of
the Mental Health and Developmental Disabilities Code 1.1 of
the Firearm Owners Identification Card Act.
(Source: P.A. 98-63, eff. 7-9-13.)
Section 66. The Firearms Restraining Order Act is amended
by changing Sections 35 and 40 as follows:

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(430 ILCS 67/35)
Sec. 35. Ex parte orders and emergency hearings.
(a) A petitioner may request an emergency firearms
restraining order by filing an affidavit or verified pleading
alleging that the respondent poses an immediate and present
danger of causing personal injury to himself, herself, or
another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm. The petition
shall also describe the type and location of any firearm or
firearms presently believed by the petitioner to be possessed
or controlled by the respondent.
(b) If the respondent is alleged to pose an immediate and
present danger of causing personal injury to an intimate
partner, or an intimate partner is alleged to have been the
target of a threat or act of violence by the respondent, the
petitioner shall make a good faith effort to provide notice to
any and all intimate partners of the respondent. The notice
must include that the petitioner intends to petition the court
for an emergency firearms restraining order, and, if the
petitioner is a law enforcement officer, referral to relevant
domestic violence or stalking advocacy or counseling
resources, if appropriate. The petitioner shall attest to
having provided the notice in the filed affidavit or verified
pleading. If, after making a good faith effort, the petitioner
is unable to provide notice to any or all intimate partners,
the affidavit or verified pleading should describe what

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efforts were made.
(c) Every person who files a petition for an emergency
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) An emergency firearms restraining order shall be
issued on an ex parte basis, that is, without notice to the
respondent.
(e) An emergency hearing held on an ex parte basis shall be
held the same day that the petition is filed or the next day
that the court is in session.
(f) If a circuit or associate judge finds probable cause
to believe that the respondent poses an immediate and present
danger of causing personal injury to himself, herself, or
another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm, the circuit or
associate judge shall issue an emergency order.
(f-5) If the court issues an emergency firearms
restraining order, it shall, upon a finding of probable cause
that the respondent possesses firearms, issue a search warrant
directing a law enforcement agency to seize the respondent's
firearms. The court may, as part of that warrant, direct the
law enforcement agency to search the respondent's residence
and other places where the court finds there is probable cause
to believe he or she is likely to possess the firearms.

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(g) An emergency firearms restraining order shall require:
(1) the respondent to refrain from having in his or
her custody or control, purchasing, possessing, or
receiving additional firearms for the duration of the
order; and
(2) the respondent to turn over to the local law
enforcement agency any Firearm Owner's Identification Card
and concealed carry license in his or her possession. The
local law enforcement agency shall immediately mail the
card and concealed carry license to the Department of
State Police Firearm Services Bureau for safekeeping. The
firearm or firearms and Firearm Owner's Identification
Card and concealed carry license, if unexpired, shall be
returned to the respondent after the firearms restraining
order is terminated or expired.
(h) Except as otherwise provided in subsection (h-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms or Firearm Owner's Identification Card and
concealed carry license cannot be returned to the respondent
because the respondent cannot be located, fails to respond to
requests to retrieve the firearms, or is not lawfully eligible
to possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the firearms
for training purposes, or use the firearms for any other
application as deemed appropriate by the local law enforcement

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agency.
(h-5) A respondent whose firearms have been turned over to
a local law enforcement agency Firearm Owner's Identification
Card has been revoked or suspended may petition the court, if
the petitioner is present in court or has notice of the
respondent's petition, to transfer the respondent's firearm to
a person who is lawfully able to possess the firearm if the
person does not reside at the same address as the respondent.
Notice of the petition shall be served upon the person
protected by the emergency firearms restraining order. While
the order is in effect, the transferee who receives the
respondent's firearms must swear or affirm by affidavit that
he or she shall not transfer the firearm to the respondent or
to anyone residing in the same residence as the respondent.
(h-6) If a person other than the respondent claims title
to any firearms surrendered under this Section, he or she may
petition the court, if the petitioner is present in court or
has notice of the petition, to have the firearm returned to him
or her. If the court determines that person to be the lawful
owner of the firearm, the firearm shall be returned to him or
her, provided that:
(1) the firearm is removed from the respondent's
custody, control, or possession and the lawful owner
agrees to store the firearm in a manner such that the
respondent does not have access to or control of the
firearm; and

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(2) the firearm is not otherwise unlawfully possessed
by the owner.
The person petitioning for the return of his or her
firearm must swear or affirm by affidavit that he or she: (i)
is the lawful owner of the firearm; (ii) shall not transfer the
firearm to the respondent; and (iii) will store the firearm in
a manner that the respondent does not have access to or control
of the firearm.
(i) In accordance with subsection (e) of this Section, the
court shall schedule a full hearing as soon as possible, but no
longer than 14 days from the issuance of an ex parte firearms
restraining order, to determine if a 6-month firearms
restraining order shall be issued. The court may extend an ex
parte order as needed, but not to exceed 14 days, to effectuate
service of the order or if necessary to continue protection.
The court may extend the order for a greater length of time by
mutual agreement of the parties.
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
(430 ILCS 67/40)
Sec. 40. Six-month orders.
(a) A petitioner may request a 6-month firearms
restraining order by filing an affidavit or verified pleading
alleging that the respondent poses a significant danger of
causing personal injury to himself, herself, or another in the
near future by having in his or her custody or control,

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purchasing, possessing, or receiving a firearm. The petition
shall also describe the number, types, and locations of any
firearms presently believed by the petitioner to be possessed
or controlled by the respondent.
(b) If the respondent is alleged to pose a significant
danger of causing personal injury to an intimate partner, or
an intimate partner is alleged to have been the target of a
threat or act of violence by the respondent, the petitioner
shall make a good faith effort to provide notice to any and all
intimate partners of the respondent. The notice must include
that the petitioner intends to petition the court for a
6-month firearms restraining order, and, if the petitioner is
a law enforcement officer, referral to relevant domestic
violence or stalking advocacy or counseling resources, if
appropriate. The petitioner shall attest to having provided
the notice in the filed affidavit or verified pleading. If,
after making a good faith effort, the petitioner is unable to
provide notice to any or all intimate partners, the affidavit
or verified pleading should describe what efforts were made.
(c) Every person who files a petition for a 6-month
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) Upon receipt of a petition for a 6-month firearms
restraining order, the court shall order a hearing within 30

SB1754 - 81 - LRB102 14289 RLC 19641 b
days.
(e) In determining whether to issue a firearms restraining
order under this Section, the court shall consider evidence
including, but not limited to, the following:
(1) The unlawful and reckless use, display, or
brandishing of a firearm by the respondent.
(2) The history of use, attempted use, or threatened
use of physical force by the respondent against another
person.
(3) Any prior arrest of the respondent for a felony
offense.
(4) Evidence of the abuse of controlled substances or
alcohol by the respondent.
(5) A recent threat of violence or act of violence by
the respondent directed toward himself, herself, or
another.
(6) A violation of an emergency order of protection
issued under Section 217 of the Illinois Domestic Violence
Act of 1986 or Section 112A-17 of the Code of Criminal
Procedure of 1963 or of an order of protection issued
under Section 214 of the Illinois Domestic Violence Act of
1986 or Section 112A-14 of the Code of Criminal Procedure
of 1963.
(7) A pattern of violent acts or violent threats,
including, but not limited to, threats of violence or acts
of violence by the respondent directed toward himself,

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herself, or another.
(f) At the hearing, the petitioner shall have the burden
of proving, by clear and convincing evidence, that the
respondent poses a significant danger of personal injury to
himself, herself, or another by having in his or her custody or
control, purchasing, possessing, or receiving a firearm.
(g) If the court finds that there is clear and convincing
evidence to issue a firearms restraining order, the court
shall issue a firearms restraining order that shall be in
effect for 6 months subject to renewal under Section 45 of this
Act or termination under that Section.
(g-5) If the court issues a 6-month firearms restraining
order, it shall, upon a finding of probable cause that the
respondent possesses firearms, issue a search warrant
directing a law enforcement agency to seize the respondent's
firearms. The court may, as part of that warrant, direct the
law enforcement agency to search the respondent's residence
and other places where the court finds there is probable cause
to believe he or she is likely to possess the firearms.
(h) A 6-month firearms restraining order shall require:
(1) the respondent to refrain from having in his or
her custody or control, purchasing, possessing, or
receiving additional firearms for the duration of the
order; and
(2) the respondent to turn over to the local law
enforcement agency any firearm or Firearm Owner's

SB1754 - 83 - LRB102 14289 RLC 19641 b
Identification Card and concealed carry license in his or
her possession. The local law enforcement agency shall
immediately mail the card and concealed carry license to
the Department of State Police Firearm Services Bureau for
safekeeping. The firearm or firearms and Firearm Owner's
Identification Card and concealed carry license, if
unexpired, shall be returned to the respondent after the
firearms restraining order is terminated or expired.
(i) Except as otherwise provided in subsection (i-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms or Firearm Owner's Identification Card cannot be
returned to the respondent because the respondent cannot be
located, fails to respond to requests to retrieve the
firearms, or is not lawfully eligible to possess a firearm,
upon petition from the local law enforcement agency, the court
may order the local law enforcement agency to destroy the
firearms, use the firearms for training purposes, or use the
firearms for any other application as deemed appropriate by
the local law enforcement agency.
(i-5) A respondent whose firearms have been turned over to
a local law enforcement agency Firearm Owner's Identification
Card has been revoked or suspended may petition the court, if
the petitioner is present in court or has notice of the
respondent's petition, to transfer the respondent's firearm to
a person who is lawfully able to possess the firearm if the
person does not reside at the same address as the respondent.

SB1754 - 84 - LRB102 14289 RLC 19641 b
Notice of the petition shall be served upon the person
protected by the emergency firearms restraining order. While
the order is in effect, the transferee who receives the
respondent's firearms must swear or affirm by affidavit that
he or she shall not transfer the firearm to the respondent or
to anyone residing in the same residence as the respondent.
(i-6) If a person other than the respondent claims title
to any firearms surrendered under this Section, he or she may
petition the court, if the petitioner is present in court or
has notice of the petition, to have the firearm returned to him
or her. If the court determines that person to be the lawful
owner of the firearm, the firearm shall be returned to him or
her, provided that:
(1) the firearm is removed from the respondent's
custody, control, or possession and the lawful owner
agrees to store the firearm in a manner such that the
respondent does not have access to or control of the
firearm; and
(2) the firearm is not otherwise unlawfully possessed
by the owner.
The person petitioning for the return of his or her
firearm must swear or affirm by affidavit that he or she: (i)
is the lawful owner of the firearm; (ii) shall not transfer the
firearm to the respondent; and (iii) will store the firearm in
a manner that the respondent does not have access to or control
of the firearm.

SB1754 - 85 - LRB102 14289 RLC 19641 b
(j) If the court does not issue a firearms restraining
order at the hearing, the court shall dissolve any emergency
firearms restraining order then in effect.
(k) When the court issues a firearms restraining order
under this Section, the court shall inform the respondent that
he or she is entitled to one hearing during the period of the
order to request a termination of the order, under Section 45
of this Act, and shall provide the respondent with a form to
request a hearing.
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
Section 70. The Firearm Dealer License Certification Act
is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as
follows:
(430 ILCS 68/5-20)
Sec. 5-20. Additional licensee requirements.
(a) A certified licensee shall make a photo copy of a
buyer's or transferee's valid photo identification card
whenever a firearm sale transaction takes place. The photo
copy shall be attached to the documentation detailing the
record of sale.
(b) A certified licensee shall post in a conspicuous
position on the premises where the licensee conducts business
a sign that contains the following warning in block letters
not less than one inch in height:

SB1754 - 86 - LRB102 14289 RLC 19641 b
"With few exceptions enumerated in the Criminal Code
of 2012 Firearm Owners Identification Card Act, it is
unlawful for you to:
(A) store or leave an unsecured firearm in a place
where a child can obtain access to it;
(B) sell or transfer your firearm to someone else
without receiving approval for the transfer from the
Department of State Police, or
(C) fail to report the loss or theft of your
firearm to local law enforcement within 72 hours.".
This sign shall be created by the Department and made
available for printing or downloading from the Department's
website.
(c) No retail location established after the effective
date of this Act shall be located within 500 feet of any
school, pre-school, or day care facility in existence at its
location before the retail location is established as measured
from the nearest corner of the building holding the retail
location to the corner of the school, pre-school, or day care
facility building nearest the retail location at the time the
retail location seeks licensure.
(Source: P.A. 100-1178, eff. 1-18-19.)
(430 ILCS 68/5-25)
Sec. 5-25. Exemptions. The provisions of this Act related
to the certification of a license do not apply to a person or

SB1754 - 87 - LRB102 14289 RLC 19641 b
entity that engages in the following activities:
(1) temporary transfers of firearms solely for use at
the location or on the premises where the transfer takes
place, such as transfers at a shooting range for use at
that location;
(2) temporary transfers of firearms solely for use
while in the presence of the transferor or transfers for
the purposes of firearm safety training by a firearms
safety training instructor;
(3) transfers of firearms among immediate family or
household members, as "immediate family or household
member" is defined in Section 3-2.7-10 of the Unified Code
of Corrections, provided that both the transferor and
transferee are not prohibited from possessing a firearm
under federal or State law have a currently valid Firearm
Owner's Identification Card; however, this paragraph (3)
does not limit the familial gift exemption under paragraph
(2) of subsection (a-15) of Section 3 of the Firearm
Owners Identification Card Act;
(4) transfers by persons or entities acting under
operation of law or a court order;
(5) transfers by persons or entities liquidating all
or part of a collection. For purposes of this paragraph
(5), "collection" means 2 or more firearms which are of
special interest to collectors by reason of some quality
other than is associated with firearms intended for

SB1754 - 88 - LRB102 14289 RLC 19641 b
sporting use or as offensive or defensive weapons;
(6) transfers of firearms that have been rendered
permanently inoperable to a nonprofit historical society,
museum, or institutional collection;
(7) transfers by a law enforcement or corrections
agency or a law enforcement or corrections officer acting
within the course and scope of his or her official duties;
(8) (blank); transfers to a State or local law
enforcement agency by a person who has his or her Firearm
Owner's Identification Card revoked;
(9) transfers of curios and relics, as defined under
federal law, between collectors licensed under subsection
(b) of Section 923 of the federal Gun Control Act of 1968;
(10) transfers by a person or entity licensed as an
auctioneer under the Auction License Act;
(10.5) transfers of firearms to a resident registered
competitor or attendee or non-resident registered
competitor or attendee by a licensed federal firearms
dealer under Section 923 of the federal Gun Control Act of
1968 at a competitive shooting event held at the World
Shooting and Recreational Complex that is sanctioned by a
national governing body; or
(11) transfers between a pawnshop and a customer which
amount to a bailment. For purposes of this paragraph (11),
"bailment" means the act of placing property in the
custody and control of another, by agreement in which the

SB1754 - 89 - LRB102 14289 RLC 19641 b
holder is responsible for the safekeeping and return of
the property.
(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)
(430 ILCS 68/5-40)
Sec. 5-40. Qualifications for operation.
(a) Each certified licensee shall submit with each
application for certification or renewal an affidavit to the
Department stating that each owner, employee, or other agent
of the certified licensee who sells or conducts transfers of
firearms for the certified licensee is at least 21 years of
age, has a currently valid Firearm Owner's Identification Card
and, for a renewal, has completed the training required under
Section 5-30. The affidavit must also contain the name and
Firearm Owner's Identification Card number of each owner,
employee, or other agent who sells or conducts transfers of
firearms for the certified licensee. If an owner, employee, or
other agent of the certified licensee is not otherwise a
resident of this State, the certified licensee shall submit an
affidavit stating that the owner, employee, or other agent has
undergone a background check and is not prohibited from owning
or possessing firearms.
(b) In addition to the affidavit required under subsection
(a), within 30 days of a new owner, employee, or other agent
beginning selling or conducting transfers of firearms for the
certified licensee, the certified licensee shall submit an

SB1754 - 90 - LRB102 14289 RLC 19641 b
affidavit to the Department stating the date that the new
owner, employee, or other agent began selling or conducting
transfers of firearms for the certified licensee, and
providing the information required in subsection (a) for that
new owner, employee, or other agent.
(c) If a certified licensee has a license, certificate, or
permit to sell, lease, transfer, purchase, or possess firearms
issued by the federal government or the government of any
state revoked or suspended for good cause within the preceding
4 years, the Department may consider revoking or suspending
the certified licenses in this State. In making a
determination of whether or not to revoke or suspend a
certified license in this State, the Department shall consider
the number of retail locations the certified licensee or any
related person or entity operates in this State or in other
states under the same or different business names, and the
severity of the infraction in the state in which a license was
revoked or suspended.
(d) Applications and affidavits required under this
Section are not subject to disclosure by the Department under
the Freedom of Information Act.
(Source: P.A. 100-1178, eff. 1-18-19.)
(430 ILCS 68/5-85)
Sec. 5-85. Disciplinary sanctions.
(a) For violations of this Act not penalized under Section

SB1754 - 91 - LRB102 14289 RLC 19641 b
5-15, the Department may refuse to renew or restore, or may
reprimand, place on probation, suspend, revoke, or take other
disciplinary or non-disciplinary action against any licensee,
and may impose a fine commensurate with the severity of the
violation not to exceed $10,000 for each violation for any of
the following, consistent with the Protection of Lawful
Commerce in Arms Act, 15 U.S.C. 7901 through 7903:
(1) Violations of this Act, or any law applicable to
the sale or transfer of firearms.
(2) A pattern of practice or other behavior which
demonstrates incapacity or incompetency to practice under
this Act.
(3) Aiding or assisting another person in violating
any provision of this Act or rules adopted under this Act.
(4) Failing, within 60 days, to provide information in
response to a written request made by the Department.
(5) Conviction of, plea of guilty to, or plea of nolo
contendere to any crime that disqualifies the person from
obtaining a firearm valid Firearm Owner's Identification
Card.
(6) Continued practice, although the person has become
unfit to practice due to any of the following:
(A) Any circumstance that disqualifies the person
from obtaining a firearm valid Firearm Owner's
Identification Card or concealed carry license.
(B) Habitual or excessive use or abuse of drugs

SB1754 - 92 - LRB102 14289 RLC 19641 b
defined in law as controlled substances, alcohol, or
any other substance that results in the inability to
practice with reasonable judgment, skill, or safety.
(7) Receiving, directly or indirectly, compensation
for any firearms sold or transferred illegally.
(8) Discipline by another United States jurisdiction,
foreign nation, or governmental agency, if at least one of
the grounds for the discipline is the same or
substantially equivalent to those set forth in this Act.
(9) Violation of any disciplinary order imposed on a
licensee by the Department.
(10) A finding by the Department that the licensee,
after having his or her certified license placed on
probationary status, has violated the terms of probation.
(11) A fraudulent or material misstatement in the
completion of an affirmative obligation or inquiry by law
enforcement.
(b) All fines imposed under this Section shall be paid
within 90 days after the effective date of the final order
imposing the fine.
(Source: P.A. 100-1178, eff. 1-18-19.)
Section 75. The Wildlife Code is amended by changing
Sections 3.2 and 3.2a as follows:
(520 ILCS 5/3.2) (from Ch. 61, par. 3.2)

SB1754 - 93 - LRB102 14289 RLC 19641 b
Sec. 3.2. Hunting license; application; instruction.
Before the Department or any county, city, village, township,
incorporated town clerk or his duly designated agent or any
other person authorized or designated by the Department to
issue hunting licenses shall issue a hunting license to any
person, the person shall file his application with the
Department or other party authorized to issue licenses on a
form provided by the Department and further give definite
proof of identity and place of legal residence. Each clerk
designating agents to issue licenses and stamps shall furnish
the Department, within 10 days following the appointment, the
names and mailing addresses of the agents. Each clerk or his
duly designated agent shall be authorized to sell licenses and
stamps only within the territorial area for which he was
elected or appointed. No duly designated agent is authorized
to furnish licenses or stamps for issuance by any other
business establishment. Each application shall be executed and
sworn to and shall set forth the name and description of the
applicant and place of residence.
No hunting license shall be issued to any person born on or
after January 1, 1980 unless he presents the person authorized
to issue the license evidence that he has held a hunting
license issued by the State of Illinois or another state in a
prior year, or a certificate of competency as provided in this
Section. Persons under 18 years of age may be issued a Lifetime
Hunting or Sportsmen's Combination License as provided under

SB1754 - 94 - LRB102 14289 RLC 19641 b
Section 20-45 of the Fish and Aquatic Life Code but shall not
be entitled to hunt alone, without the supervision of an adult
age 21 or older, unless they have a certificate of competency
as provided in this Section and the certificate is in their
possession while hunting.
The Department of Natural Resources shall authorize
personnel of the Department or certified volunteer instructors
to conduct courses, of not less than 10 hours in length, in
firearms and hunter safety, which may include training in bow
and arrow safety, at regularly specified intervals throughout
the State. Persons successfully completing the course shall
receive a certificate of competency. The Department of Natural
Resources may further cooperate with any reputable association
or organization in establishing courses if the organization
has as one of its objectives the promotion of safety in the
handling of firearms or bow and arrow.
The Department of Natural Resources shall designate any
person found by it to be competent to give instruction in the
handling of firearms, hunter safety, and bow and arrow. The
persons so appointed shall give the course of instruction and
upon the successful completion shall issue to the person
instructed a certificate of competency in the safe handling of
firearms, hunter safety, and bow and arrow. No charge shall be
made for any course of instruction except for materials or
ammunition consumed. The Department of Natural Resources shall
furnish information on the requirements of hunter safety

SB1754 - 95 - LRB102 14289 RLC 19641 b
education programs to be distributed free of charge to
applicants for hunting licenses by the persons appointed and
authorized to issue licenses. Funds for the conducting of
firearms and hunter safety courses shall be taken from the fee
charged for the Firearm Owners Identification Card.
The fee for a hunting license to hunt all species for a
resident of Illinois is $12. For residents age 65 or older,
and, commencing with the 2012 license year, resident veterans
of the United States Armed Forces after returning from service
abroad or mobilization by the President of the United States,
the fee is one-half of the fee charged for a hunting license to
hunt all species for a resident of Illinois. Veterans must
provide to the Department, at one of the Department's 5
regional offices, verification of their service. The
Department shall establish what constitutes suitable
verification of service for the purpose of issuing resident
veterans hunting licenses at a reduced fee. The fee for a
hunting license to hunt all species shall be $1 for residents
over 75 years of age. Nonresidents shall be charged $57 for a
hunting license.
Nonresidents may be issued a nonresident hunting license
for a period not to exceed 10 consecutive days' hunting in the
State and shall be charged a fee of $35.
A special nonresident hunting license authorizing a
nonresident to take game birds by hunting on a game breeding
and hunting preserve area only, established under Section

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3.27, shall be issued upon proper application being made and
payment of a fee equal to that for a resident hunting license.
The expiration date of this license shall be on the same date
each year that game breeding and hunting preserve area
licenses expire.
Each applicant for a State Migratory Waterfowl Stamp,
regardless of his residence or other condition, shall pay a
fee of $15 and shall receive a stamp. The fee for a State
Migratory Waterfowl Stamp shall be waived for residents over
75 years of age. Except as provided under Section 20-45 of the
Fish and Aquatic Life Code, the stamp shall be signed by the
person or affixed to his license or permit in a space
designated by the Department for that purpose.
Each applicant for a State Habitat Stamp, regardless of
his residence or other condition, shall pay a fee of $5 and
shall receive a stamp. The fee for a State Habitat Stamp shall
be waived for residents over 75 years of age. Except as
provided under Section 20-45 of the Fish and Aquatic Life
Code, the stamp shall be signed by the person or affixed to his
license or permit in a space designated by the Department for
that purpose.
Nothing in this Section shall be construed as to require
the purchase of more than one State Habitat Stamp by any person
in any one license year.
The fees for State Pheasant Stamps and State Furbearer
Stamps shall be waived for residents over 75 years of age.

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The Department shall furnish the holders of hunting
licenses and stamps with an insignia as evidence of possession
of license, or license and stamp, as the Department may
consider advisable. The insignia shall be exhibited and used
as the Department may order.
All other hunting licenses and all State stamps shall
expire upon March 31 of each year.
Every person holding any license, permit, or stamp issued
under the provisions of this Act shall have it in his
possession for immediate presentation for inspection to the
officers and authorized employees of the Department, any
sheriff, deputy sheriff, or any other peace officer making a
demand for it. This provision shall not apply to Department
owned or managed sites where it is required that all hunters
deposit their license or , permit, or Firearm Owner's
Identification Card at the check station upon entering the
hunting areas.
(Source: P.A. 100-638, eff. 1-1-19; 101-81, eff. 7-12-19.)
(520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)
Sec. 3.2a. Every person holding any license, permit or
stamp issued under the provisions hereof shall have it in his
possession for immediate presentation for inspection to the
officers and authorized employees of the Department, any
sheriff, deputy sheriff or any other peace officer making a
demand for it. This provision shall not apply to Department

SB1754 - 98 - LRB102 14289 RLC 19641 b
owned or managed sites where it is required that all hunters
deposit their license or , permit or Firearm Owner's
Identification Card at the check station upon entering the
hunting areas.
(Source: P.A. 85-152.)
Section 76. The Illinois Vehicle Code is amended by
changing Section 2-116 as follows:
(625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)
Sec. 2-116. Secretary of State Department of Police.
(a) The Secretary of State and the officers, inspectors,
and investigators appointed by him shall cooperate with the
State Police and the sheriffs and police in enforcing the laws
regulating the operation of vehicles and the use of the
highways.
(b) The Secretary of State may provide training and
education for members of his office in traffic regulation, the
promotion of traffic safety and the enforcement of laws vested
in the Secretary of State for administration and enforcement
regulating the operation of vehicles and the use of the
highways.
(c) The Secretary of State may provide distinctive
uniforms and badges for officers, inspectors and investigators
employed in the administration of laws relating to the
operation of vehicles and the use of the highways and vesting

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the administration and enforcement of such laws in the
Secretary of State.
(c-5) The Director of the Secretary of State Department of
Police shall establish a program to allow a Secretary of State
Police officer, inspector, or investigator who is honorably
retiring in good standing to purchase either one or both of the
following: (1) any Secretary of State Department of Police
badge previously issued to that officer, inspector, or
investigator; or (2) if the officer, inspector, or
investigator has a currently valid Firearm Owner's
Identification Card, the service firearm issued or previously
issued to the officer, inspector, or investigator by the
Secretary of State Department of Police. The cost of the
firearm shall be the replacement value of the firearm and not
the firearm's fair market value.
(d) The Secretary of State Department of Police is
authorized to:
(1) investigate the origins, activities, persons, and
incidents of crime and the ways and means, if any, to
redress the victims of crimes, and study the impact, if
any, of legislation relative to the criminal laws of this
State related thereto and conduct any other investigations
as may be provided by law;
(2) employ skilled experts, technicians,
investigators, special agents, or otherwise specially
qualified persons to aid in preventing or detecting crime,

SB1754 - 100 - LRB102 14289 RLC 19641 b
apprehending criminals, or preparing and presenting
evidence of violations of the criminal laws of the State;
(3) cooperate with the police of cities, villages, and
incorporated towns, and with the police officers of any
county, in enforcing the laws of the State and in making
arrests;
(4) provide, as may be required by law, assistance to
local law enforcement agencies through training,
management, and consultant services for local law
enforcement agencies, pertaining to law enforcement
activities;
(5) exercise the rights, powers, and duties which have
been vested in it by the Secretary of State Act and this
Code; and
(6) enforce and administer any other laws in relation
to law enforcement as may be vested in the Secretary of
State Department of Police.
Persons within the Secretary of State Department of Police
who exercise these powers are conservators of the peace and
have all the powers possessed by policemen in municipalities
and sheriffs, and may exercise these powers anywhere in the
State in cooperation with local law enforcement officials.
These persons may use false or fictitious names in the
performance of their duties under this Section, upon approval
of the Director of Police-Secretary of State, and shall not be
subject to prosecution under the criminal laws for that use.

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(e) The Secretary of State Department of Police may
charge, collect, and receive fees or moneys equivalent to the
cost of providing its personnel, equipment, and services to
governmental agencies when explicitly requested by a
governmental agency and according to an intergovernmental
agreement or memorandums of understanding as provided by this
Section, including but not limited to fees or moneys
equivalent to the cost of providing training to other
governmental agencies on terms and conditions that in the
judgment of the Director of Police-Secretary of State are in
the best interest of the Secretary of State. All fees received
by the Secretary of State Police Department under this Act
shall be deposited in a special fund in the State Treasury to
be known as the Secretary of State Police Services Fund. The
money deposited in the Secretary of State Police Services Fund
shall be appropriated to the Secretary of State Department of
Police as provided for in subsection (g).
(f) The Secretary of State Department of Police may apply
for grants or contracts and receive, expend, allocate, or
disburse moneys made available by public or private entities,
including, but not limited to, contracts, bequests, grants, or
receiving equipment from corporations, foundations, or public
or private institutions of higher learning.
(g) The Secretary of State Police Services Fund is hereby
created as a special fund in the State Treasury. All moneys
received under this Section by the Secretary of State

SB1754 - 102 - LRB102 14289 RLC 19641 b
Department of Police shall be deposited into the Secretary of
State Police Services Fund to be appropriated to the Secretary
of State Department of Police for purposes as indicated by the
grantor or contractor or, in the case of moneys bequeathed or
granted for no specific purpose, for any purpose as deemed
appropriate by the Director of Police-Secretary of State in
administering the responsibilities of the Secretary of State
Department of Police.
(Source: P.A. 100-931, eff. 8-17-18.)
Section 80. The Criminal Code of 2012 is amended by
changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,
24-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4,
24-3.5, 24-3B, 24-4.1, and 24-9 and adding Section 24-4.5 as
follows:
(720 ILCS 5/2-7.1)
Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
"Firearm "Firearm" and "firearm ammunition" means any
self-contained cartridge or shotgun shell, by whatever name
known, which is designed to be used or adaptable to use in a
firearm; excluding, however:
(1) any ammunition exclusively designed for use with a
device used exclusively for signalling or safety and required
or recommended by the United States Coast Guard or the
Interstate Commerce Commission; and

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(2) any ammunition designed exclusively for use with a
stud or rivet driver or other similar industrial ammunition
have the meanings ascribed to them in Section 1.1 of the
Firearm Owners Identification Card Act.
(Source: P.A. 91-544, eff. 1-1-00.)
(720 ILCS 5/2-7.5)
Sec. 2-7.5. "Firearm". Except as otherwise provided in a
specific Section, "firearm" means any device, by whatever name
known, which is designed to expel a projectile or projectiles
by the action of an explosion, expansion of gas or escape of
gas; excluding, however:
(1) any pneumatic gun, spring gun, paint ball gun, or B-B
gun which expels a single globular projectile not exceeding
.18 inch in diameter or which has a maximum muzzle velocity of
less than 700 feet per second;
(1.1) any pneumatic gun, spring gun, paint ball gun, or
B-B gun which expels breakable paint balls containing washable
marking colors;
(2) any device used exclusively for signalling or safety
and required or recommended by the United States Coast Guard
or the Interstate Commerce Commission;
(3) any device used exclusively for the firing of stud
cartridges, explosive rivets, or similar industrial
ammunition; and
(4) an antique firearm (other than a machine-gun) which,

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although designed as a weapon, the Illinois State Police finds
by reason of the date of its manufacture, value, design, and
other characteristics is primarily a collector's item and is
not likely to be used as a weapon has the meaning ascribed to
it in Section 1.1 of the Firearm Owners Identification Card
Act.
(Source: P.A. 95-331, eff. 8-21-07.)
(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
Sec. 12-3.05. Aggravated battery.
(a) Offense based on injury. A person commits aggravated
battery when, in committing a battery, other than by the
discharge of a firearm, he or she knowingly does any of the
following:
(1) Causes great bodily harm or permanent disability
or disfigurement.
(2) Causes severe and permanent disability, great
bodily harm, or disfigurement by means of a caustic or
flammable substance, a poisonous gas, a deadly biological
or chemical contaminant or agent, a radioactive substance,
or a bomb or explosive compound.
(3) Causes great bodily harm or permanent disability
or disfigurement to an individual whom the person knows to
be a peace officer, community policing volunteer, fireman,
private security officer, correctional institution
employee, or Department of Human Services employee

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supervising or controlling sexually dangerous persons or
sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(4) Causes great bodily harm or permanent disability
or disfigurement to an individual 60 years of age or
older.
(5) Strangles another individual.
(b) Offense based on injury to a child or person with an
intellectual disability. A person who is at least 18 years of
age commits aggravated battery when, in committing a battery,
he or she knowingly and without legal justification by any
means:
(1) causes great bodily harm or permanent disability
or disfigurement to any child under the age of 13 years, or
to any person with a severe or profound intellectual
disability; or
(2) causes bodily harm or disability or disfigurement
to any child under the age of 13 years or to any person
with a severe or profound intellectual disability.
(c) Offense based on location of conduct. A person commits
aggravated battery when, in committing a battery, other than
by the discharge of a firearm, he or she is or the person

SB1754 - 106 - LRB102 14289 RLC 19641 b
battered is on or about a public way, public property, a public
place of accommodation or amusement, a sports venue, or a
domestic violence shelter, or in a church, synagogue, mosque,
or other building, structure, or place used for religious
worship.
(d) Offense based on status of victim. A person commits
aggravated battery when, in committing a battery, other than
by discharge of a firearm, he or she knows the individual
battered to be any of the following:
(1) A person 60 years of age or older.
(2) A person who is pregnant or has a physical
disability.
(3) A teacher or school employee upon school grounds
or grounds adjacent to a school or in any part of a
building used for school purposes.
(4) A peace officer, community policing volunteer,
fireman, private security officer, correctional
institution employee, or Department of Human Services
employee supervising or controlling sexually dangerous
persons or sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(5) A judge, emergency management worker, emergency

SB1754 - 107 - LRB102 14289 RLC 19641 b
medical services personnel, or utility worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(6) An officer or employee of the State of Illinois, a
unit of local government, or a school district, while
performing his or her official duties.
(7) A transit employee performing his or her official
duties, or a transit passenger.
(8) A taxi driver on duty.
(9) A merchant who detains the person for an alleged
commission of retail theft under Section 16-26 of this
Code and the person without legal justification by any
means causes bodily harm to the merchant.
(10) A person authorized to serve process under
Section 2-202 of the Code of Civil Procedure or a special
process server appointed by the circuit court while that
individual is in the performance of his or her duties as a
process server.
(11) A nurse while in the performance of his or her
duties as a nurse.
(12) A merchant: (i) while performing his or her
duties, including, but not limited to, relaying directions
for healthcare or safety from his or her supervisor or

SB1754 - 108 - LRB102 14289 RLC 19641 b
employer or relaying health or safety guidelines,
recommendations, regulations, or rules from a federal,
State, or local public health agency; and (ii) during a
disaster declared by the Governor, or a state of emergency
declared by the mayor of the municipality in which the
merchant is located, due to a public health emergency and
for a period of 6 months after such declaration.
(e) Offense based on use of a firearm. A person commits
aggravated battery when, in committing a battery, he or she
knowingly does any of the following:
(1) Discharges a firearm, other than a machine gun or
a firearm equipped with a silencer, and causes any injury
to another person.
(2) Discharges a firearm, other than a machine gun or
a firearm equipped with a silencer, and causes any injury
to a person he or she knows to be a peace officer,
community policing volunteer, person summoned by a police
officer, fireman, private security officer, correctional
institution employee, or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(3) Discharges a firearm, other than a machine gun or
a firearm equipped with a silencer, and causes any injury

SB1754 - 109 - LRB102 14289 RLC 19641 b
to a person he or she knows to be emergency medical
services personnel:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(4) Discharges a firearm and causes any injury to a
person he or she knows to be a teacher, a student in a
school, or a school employee, and the teacher, student, or
employee is upon school grounds or grounds adjacent to a
school or in any part of a building used for school
purposes.
(5) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to another person.
(6) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to a person he or
she knows to be a peace officer, community policing
volunteer, person summoned by a police officer, fireman,
private security officer, correctional institution
employee or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.

SB1754 - 110 - LRB102 14289 RLC 19641 b
(7) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to a person he or
she knows to be emergency medical services personnel:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(8) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to a person he or
she knows to be a teacher, or a student in a school, or a
school employee, and the teacher, student, or employee is
upon school grounds or grounds adjacent to a school or in
any part of a building used for school purposes.
(f) Offense based on use of a weapon or device. A person
commits aggravated battery when, in committing a battery, he
or she does any of the following:
(1) Uses a deadly weapon other than by discharge of a
firearm, or uses an air rifle as defined in Section
24.8-0.1 of this Code.
(2) Wears a hood, robe, or mask to conceal his or her
identity.
(3) Knowingly and without lawful justification shines
or flashes a laser gunsight or other laser device attached
to a firearm, or used in concert with a firearm, so that
the laser beam strikes upon or against the person of

SB1754 - 111 - LRB102 14289 RLC 19641 b
another.
(4) Knowingly video or audio records the offense with
the intent to disseminate the recording.
(g) Offense based on certain conduct. A person commits
aggravated battery when, other than by discharge of a firearm,
he or she does any of the following:
(1) Violates Section 401 of the Illinois Controlled
Substances Act by unlawfully delivering a controlled
substance to another and any user experiences great bodily
harm or permanent disability as a result of the injection,
inhalation, or ingestion of any amount of the controlled
substance.
(2) Knowingly administers to an individual or causes
him or her to take, without his or her consent or by threat
or deception, and for other than medical purposes, any
intoxicating, poisonous, stupefying, narcotic,
anesthetic, or controlled substance, or gives to another
person any food containing any substance or object
intended to cause physical injury if eaten.
(3) Knowingly causes or attempts to cause a
correctional institution employee or Department of Human
Services employee to come into contact with blood, seminal
fluid, urine, or feces by throwing, tossing, or expelling
the fluid or material, and the person is an inmate of a
penal institution or is a sexually dangerous person or
sexually violent person in the custody of the Department

SB1754 - 112 - LRB102 14289 RLC 19641 b
of Human Services.
(h) Sentence. Unless otherwise provided, aggravated
battery is a Class 3 felony.
Aggravated battery as defined in subdivision (a)(4),
(d)(4), or (g)(3) is a Class 2 felony.
Aggravated battery as defined in subdivision (a)(3) or
(g)(1) is a Class 1 felony.
Aggravated battery as defined in subdivision (a)(1) is a
Class 1 felony when the aggravated battery was intentional and
involved the infliction of torture, as defined in paragraph
(14) of subsection (b) of Section 9-1 of this Code, as the
infliction of or subjection to extreme physical pain,
motivated by an intent to increase or prolong the pain,
suffering, or agony of the victim.
Aggravated battery as defined in subdivision (a)(1) is a
Class 2 felony when the person causes great bodily harm or
permanent disability to an individual whom the person knows to
be a member of a congregation engaged in prayer or other
religious activities at a church, synagogue, mosque, or other
building, structure, or place used for religious worship.
Aggravated battery under subdivision (a)(5) is a Class 1
felony if:
(A) the person used or attempted to use a dangerous
instrument while committing the offense;
(B) the person caused great bodily harm or permanent
disability or disfigurement to the other person while

SB1754 - 113 - LRB102 14289 RLC 19641 b
committing the offense; or
(C) the person has been previously convicted of a
violation of subdivision (a)(5) under the laws of this
State or laws similar to subdivision (a)(5) of any other
state.
Aggravated battery as defined in subdivision (e)(1) is a
Class X felony.
Aggravated battery as defined in subdivision (a)(2) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 6 years and a maximum of 45
years.
Aggravated battery as defined in subdivision (e)(5) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 12 years and a maximum of 45
years.
Aggravated battery as defined in subdivision (e)(2),
(e)(3), or (e)(4) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 15 years
and a maximum of 60 years.
Aggravated battery as defined in subdivision (e)(6),
(e)(7), or (e)(8) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 20 years
and a maximum of 60 years.
Aggravated battery as defined in subdivision (b)(1) is a
Class X felony, except that:
(1) if the person committed the offense while armed

SB1754 - 114 - LRB102 14289 RLC 19641 b
with a firearm, 15 years shall be added to the term of
imprisonment imposed by the court;
(2) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall be
added to the term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the
person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to another person, 25 years or up
to a term of natural life shall be added to the term of
imprisonment imposed by the court.
(i) Definitions. In this Section:
"Building or other structure used to provide shelter" has
the meaning ascribed to "shelter" in Section 1 of the Domestic
Violence Shelters Act.
"Domestic violence" has the meaning ascribed to it in
Section 103 of the Illinois Domestic Violence Act of 1986.
"Domestic violence shelter" means any building or other
structure used to provide shelter or other services to victims
or to the dependent children of victims of domestic violence
pursuant to the Illinois Domestic Violence Act of 1986 or the
Domestic Violence Shelters Act, or any place within 500 feet
of such a building or other structure in the case of a person
who is going to or from such a building or other structure.
"Firearm" has the meaning provided under Section 2-7.5 of
this Code 1.1 of the Firearm Owners Identification Card Act,

SB1754 - 115 - LRB102 14289 RLC 19641 b
and does not include an air rifle as defined by Section
24.8-0.1 of this Code.
"Machine gun" has the meaning ascribed to it in Section
24-1 of this Code.
"Merchant" has the meaning ascribed to it in Section
16-0.1 of this Code.
"Strangle" means intentionally impeding the normal
breathing or circulation of the blood of an individual by
applying pressure on the throat or neck of that individual or
by blocking the nose or mouth of that individual.
(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
(720 ILCS 5/16-0.1)
Sec. 16-0.1. Definitions. In this Article, unless the
context clearly requires otherwise, the following terms are
defined as indicated:
"Access" means to use, instruct, communicate with, store
data in, retrieve or intercept data from, or otherwise utilize
any services of a computer.
"Coin-operated machine" includes any automatic vending
machine or any part thereof, parking meter, coin telephone,
coin-operated transit turnstile, transit fare box, coin
laundry machine, coin dry cleaning machine, amusement machine,
music machine, vending machine dispensing goods or services,
or money changer.
"Communication device" means any type of instrument,

SB1754 - 116 - LRB102 14289 RLC 19641 b
device, machine, or equipment which is capable of
transmitting, acquiring, decrypting, or receiving any
telephonic, electronic, data, Internet access, audio, video,
microwave, or radio transmissions, signals, communications, or
services, including the receipt, acquisition, transmission, or
decryption of all such communications, transmissions, signals,
or services provided by or through any cable television, fiber
optic, telephone, satellite, microwave, radio, Internet-based,
data transmission, or wireless distribution network, system or
facility; or any part, accessory, or component thereof,
including any computer circuit, security module, smart card,
software, computer chip, electronic mechanism or other
component, accessory or part of any communication device which
is capable of facilitating the transmission, decryption,
acquisition or reception of all such communications,
transmissions, signals, or services.
"Communication service" means any service lawfully
provided for a charge or compensation to facilitate the lawful
origination, transmission, emission, or reception of signs,
signals, data, writings, images, and sounds or intelligence of
any nature by telephone, including cellular telephones or a
wire, wireless, radio, electromagnetic, photo-electronic or
photo-optical system; and also any service lawfully provided
by any radio, telephone, cable television, fiber optic,
satellite, microwave, Internet-based or wireless distribution
network, system, facility or technology, including, but not

SB1754 - 117 - LRB102 14289 RLC 19641 b
limited to, any and all electronic, data, video, audio,
Internet access, telephonic, microwave and radio
communications, transmissions, signals and services, and any
such communications, transmissions, signals and services
lawfully provided directly or indirectly by or through any of
those networks, systems, facilities or technologies.
"Communication service provider" means: (1) any person or
entity providing any communication service, whether directly
or indirectly, as a reseller, including, but not limited to, a
cellular, paging or other wireless communications company or
other person or entity which, for a fee, supplies the
facility, cell site, mobile telephone switching office or
other equipment or communication service; (2) any person or
entity owning or operating any cable television, fiber optic,
satellite, telephone, wireless, microwave, radio, data
transmission or Internet-based distribution network, system or
facility; and (3) any person or entity providing any
communication service directly or indirectly by or through any
such distribution system, network or facility.
"Computer" means a device that accepts, processes, stores,
retrieves or outputs data, and includes but is not limited to
auxiliary storage and telecommunications devices connected to
computers.
"Continuing course of conduct" means a series of acts, and
the accompanying mental state necessary for the crime in
question, irrespective of whether the series of acts are

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continuous or intermittent.
"Delivery container" means any bakery basket of wire or
plastic used to transport or store bread or bakery products,
any dairy case of wire or plastic used to transport or store
dairy products, and any dolly or cart of 2 or 4 wheels used to
transport or store any bakery or dairy product.
"Document-making implement" means any implement,
impression, template, computer file, computer disc, electronic
device, computer hardware, computer software, instrument, or
device that is used to make a real or fictitious or fraudulent
personal identification document.
"Financial transaction device" means any of the following:
(1) An electronic funds transfer card.
(2) A credit card.
(3) A debit card.
(4) A point-of-sale card.
(5) Any instrument, device, card, plate, code, account
number, personal identification number, or a record or
copy of a code, account number, or personal identification
number or other means of access to a credit account or
deposit account, or a driver's license or State
identification card used to access a proprietary account,
other than access originated solely by a paper instrument,
that can be used alone or in conjunction with another
access device, for any of the following purposes:
(A) Obtaining money, cash refund or credit

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account, credit, goods, services, or any other thing
of value.
(B) Certifying or guaranteeing to a person or
business the availability to the device holder of
funds on deposit to honor a draft or check payable to
the order of that person or business.
(C) Providing the device holder access to a
deposit account for the purpose of making deposits,
withdrawing funds, transferring funds between deposit
accounts, obtaining information pertaining to a
deposit account, or making an electronic funds
transfer.
"Full retail value" means the merchant's stated or
advertised price of the merchandise. "Full retail value"
includes the aggregate value of property obtained from retail
thefts committed by the same person as part of a continuing
course of conduct from one or more mercantile establishments
in a single transaction or in separate transactions over a
period of one year.
"Internet" means an interactive computer service or system
or an information service, system, or access software provider
that provides or enables computer access by multiple users to
a computer server, and includes, but is not limited to, an
information service, system, or access software provider that
provides access to a network system commonly known as the
Internet, or any comparable system or service and also

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includes, but is not limited to, a World Wide Web page,
newsgroup, message board, mailing list, or chat area on any
interactive computer service or system or other online
service.
"Library card" means a card or plate issued by a library
facility for purposes of identifying the person to whom the
library card was issued as authorized to borrow library
material, subject to all limitations and conditions imposed on
the borrowing by the library facility issuing such card.
"Library facility" includes any public library or museum,
or any library or museum of an educational, historical or
eleemosynary institution, organization or society.
"Library material" includes any book, plate, picture,
photograph, engraving, painting, sculpture, statue, artifact,
drawing, map, newspaper, pamphlet, broadside, magazine,
manuscript, document, letter, microfilm, sound recording,
audiovisual material, magnetic or other tape, electronic data
processing record or other documentary, written or printed
material regardless of physical form or characteristics, or
any part thereof, belonging to, or on loan to or otherwise in
the custody of a library facility.
"Manufacture or assembly of an unlawful access device"
means to make, produce or assemble an unlawful access device
or to modify, alter, program or re-program any instrument,
device, machine, equipment or software so that it is capable
of defeating or circumventing any technology, device or

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software used by the provider, owner or licensee of a
communication service or of any data, audio or video programs
or transmissions to protect any such communication, data,
audio or video services, programs or transmissions from
unauthorized access, acquisition, disclosure, receipt,
decryption, communication, transmission or re-transmission.
"Manufacture or assembly of an unlawful communication
device" means to make, produce or assemble an unlawful
communication or wireless device or to modify, alter, program
or reprogram a communication or wireless device to be capable
of acquiring, disrupting, receiving, transmitting, decrypting,
or facilitating the acquisition, disruption, receipt,
transmission or decryption of, a communication service without
the express consent or express authorization of the
communication service provider, or to knowingly assist others
in those activities.
"Master sound recording" means the original physical
object on which a given set of sounds were first recorded and
which the original object from which all subsequent sound
recordings embodying the same set of sounds are directly or
indirectly derived.
"Merchandise" means any item of tangible personal
property, including motor fuel.
"Merchant" means an owner or operator of any retail
mercantile establishment or any agent, employee, lessee,
consignee, officer, director, franchisee, or independent

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contractor of the owner or operator. "Merchant" also means a
person who receives from an authorized user of a payment card,
or someone the person believes to be an authorized user, a
payment card or information from a payment card, or what the
person believes to be a payment card or information from a
payment card, as the instrument for obtaining, purchasing or
receiving goods, services, money, or anything else of value
from the person.
"Motor fuel" means a liquid, regardless of its properties,
used to propel a vehicle, including gasoline and diesel.
"Online" means the use of any electronic or wireless
device to access the Internet.
"Payment card" means a credit card, charge card, debit
card, or any other card that is issued to an authorized card
user and that allows the user to obtain, purchase, or receive
goods, services, money, or anything else of value from a
merchant.
"Person with a disability" means a person who suffers from
a physical or mental impairment resulting from disease,
injury, functional disorder or congenital condition that
impairs the individual's mental or physical ability to
independently manage his or her property or financial
resources, or both.
"Personal identification document" means a birth
certificate, a driver's license, a State identification card,
a public, government, or private employment identification

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card, a social security card, a license issued under the
Firearm Concealed Carry Act firearm owner's identification
card, a credit card, a debit card, or a passport issued to or
on behalf of a person other than the offender, or any document
made or issued, or falsely purported to have been made or
issued, by or under the authority of the United States
Government, the State of Illinois, or any other state
political subdivision of any state, or any other governmental
or quasi-governmental organization that is of a type intended
for the purpose of identification of an individual, or any
such document made or altered in a manner that it falsely
purports to have been made on behalf of or issued to another
person or by the authority of one who did not give that
authority.
"Personal identifying information" means any of the
following information:
(1) A person's name.
(2) A person's address.
(3) A person's date of birth.
(4) A person's telephone number.
(5) A person's driver's license number or State of
Illinois identification card as assigned by the Secretary
of State of the State of Illinois or a similar agency of
another state.
(6) A person's social security number.
(7) A person's public, private, or government

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employer, place of employment, or employment
identification number.
(8) The maiden name of a person's mother.
(9) The number assigned to a person's depository
account, savings account, or brokerage account.
(10) The number assigned to a person's credit or debit
card, commonly known as a "Visa Card", "MasterCard",
"American Express Card", "Discover Card", or other similar
cards whether issued by a financial institution,
corporation, or business entity.
(11) Personal identification numbers.
(12) Electronic identification numbers.
(13) Digital signals.
(14) User names, passwords, and any other word,
number, character or combination of the same usable in
whole or part to access information relating to a specific
individual, or to the actions taken, communications made
or received, or other activities or transactions of a
specific individual.
(15) Any other numbers or information which can be
used to access a person's financial resources, or to
identify a specific individual, or the actions taken,
communications made or received, or other activities or
transactions of a specific individual.
"Premises of a retail mercantile establishment" includes,
but is not limited to, the retail mercantile establishment;

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any common use areas in shopping centers; and all parking
areas set aside by a merchant or on behalf of a merchant for
the parking of vehicles for the convenience of the patrons of
such retail mercantile establishment.
"Public water, gas, or power supply, or other public
services" mean any service subject to regulation by the
Illinois Commerce Commission; any service furnished by a
public utility that is owned and operated by any political
subdivision, public institution of higher education or
municipal corporation of this State; any service furnished by
any public utility that is owned by such political
subdivision, public institution of higher education, or
municipal corporation and operated by any of its lessees or
operating agents; any service furnished by an electric
cooperative as defined in Section 3.4 of the Electric Supplier
Act; or wireless service or other service regulated by the
Federal Communications Commission.
"Publish" means to communicate or disseminate information
to any one or more persons, either orally, in person, or by
telephone, radio or television or in writing of any kind,
including, without limitation, a letter or memorandum,
circular or handbill, newspaper or magazine article or book.
"Radio frequency identification device" means any
implement, computer file, computer disc, electronic device,
computer hardware, computer software, or instrument that is
used to activate, read, receive, or decode information stored

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on a RFID tag or transponder attached to a personal
identification document.
"RFID tag or transponder" means a chip or device that
contains personal identifying information from which the
personal identifying information can be read or decoded by
another device emitting a radio frequency that activates or
powers a radio frequency emission response from the chip or
transponder.
"Reencoder" means an electronic device that places encoded
information from the magnetic strip or stripe of a payment
card onto the magnetic strip or stripe of a different payment
card.
"Retail mercantile establishment" means any place where
merchandise is displayed, held, stored or offered for sale to
the public.
"Scanning device" means a scanner, reader, or any other
electronic device that is used to access, read, scan, obtain,
memorize, or store, temporarily or permanently, information
encoded on the magnetic strip or stripe of a payment card.
"Shopping cart" means those push carts of the type or
types which are commonly provided by grocery stores, drug
stores or other retail mercantile establishments for the use
of the public in transporting commodities in stores and
markets and, incidentally, from the stores to a place outside
the store.
"Sound or audio visual recording" means any sound or audio

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visual phonograph record, disc, pre-recorded tape, film, wire,
magnetic tape or other object, device or medium, now known or
hereafter invented, by which sounds or images may be
reproduced with or without the use of any additional machine,
equipment or device.
"Theft detection device remover" means any tool or device
specifically designed and intended to be used to remove any
theft detection device from any merchandise.
"Under-ring" means to cause the cash register or other
sales recording device to reflect less than the full retail
value of the merchandise.
"Unidentified sound or audio visual recording" means a
sound or audio visual recording without the actual name and
full and correct street address of the manufacturer, and the
name of the actual performers or groups prominently and
legibly printed on the outside cover or jacket and on the label
of such sound or audio visual recording.
"Unlawful access device" means any type of instrument,
device, machine, equipment, technology, or software which is
primarily possessed, used, designed, assembled, manufactured,
sold, distributed or offered, promoted or advertised for the
purpose of defeating or circumventing any technology, device
or software, or any component or part thereof, used by the
provider, owner or licensee of any communication service or of
any data, audio or video programs or transmissions to protect
any such communication, audio or video services, programs or

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transmissions from unauthorized access, acquisition, receipt,
decryption, disclosure, communication, transmission or
re-transmission.
"Unlawful communication device" means any electronic
serial number, mobile identification number, personal
identification number or any communication or wireless device
that is capable of acquiring or facilitating the acquisition
of a communication service without the express consent or
express authorization of the communication service provider,
or that has been altered, modified, programmed or
reprogrammed, alone or in conjunction with another
communication or wireless device or other equipment, to so
acquire or facilitate the unauthorized acquisition of a
communication service. "Unlawful communication device" also
means:
(1) any phone altered to obtain service without the
express consent or express authorization of the
communication service provider, tumbler phone, counterfeit
or clone phone, tumbler microchip, counterfeit or clone
microchip, scanning receiver of wireless communication
service or other instrument capable of disguising its
identity or location or of gaining unauthorized access to
a communications or wireless system operated by a
communication service provider; and
(2) any communication or wireless device which is
capable of, or has been altered, designed, modified,

SB1754 - 129 - LRB102 14289 RLC 19641 b
programmed or reprogrammed, alone or in conjunction with
another communication or wireless device or devices, so as
to be capable of, facilitating the disruption,
acquisition, receipt, transmission or decryption of a
communication service without the express consent or
express authorization of the communication service
provider, including, but not limited to, any device,
technology, product, service, equipment, computer software
or component or part thereof, primarily distributed, sold,
designed, assembled, manufactured, modified, programmed,
reprogrammed or used for the purpose of providing the
unauthorized receipt of, transmission of, disruption of,
decryption of, access to or acquisition of any
communication service provided by any communication
service provider.
"Vehicle" means a motor vehicle, motorcycle, or farm
implement that is self-propelled and that uses motor fuel for
propulsion.
"Wireless device" includes any type of instrument, device,
machine, or equipment that is capable of transmitting or
receiving telephonic, electronic or radio communications, or
any part of such instrument, device, machine, or equipment, or
any computer circuit, computer chip, electronic mechanism, or
other component that is capable of facilitating the
transmission or reception of telephonic, electronic, or radio
communications.

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(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.
1-1-12; 97-1109, eff. 1-1-13.)
(720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
Sec. 17-30. Defaced, altered, or removed manufacturer or
owner identification number.
(a) Unlawful sale of household appliances. A person
commits unlawful sale of household appliances when he or she
knowingly, with the intent to defraud or deceive another,
keeps for sale, within any commercial context, any household
appliance with a missing, defaced, obliterated, or otherwise
altered manufacturer's identification number.
(b) Construction equipment identification defacement. A
person commits construction equipment identification
defacement when he or she knowingly changes, alters, removes,
mutilates, or obliterates a permanently affixed serial number,
product identification number, part number, component
identification number, owner-applied identification, or other
mark of identification attached to or stamped, inscribed,
molded, or etched into a machine or other equipment, whether
stationary or mobile or self-propelled, or a part of such
machine or equipment, used in the construction, maintenance,
or demolition of buildings, structures, bridges, tunnels,
sewers, utility pipes or lines, ditches or open cuts, roads,
highways, dams, airports, or waterways or in material handling
for such projects.

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The trier of fact may infer that the defendant has
knowingly changed, altered, removed, or obliterated the serial
number, product identification number, part number, component
identification number, owner-applied identification number, or
other mark of identification, if the defendant was in
possession of any machine or other equipment or a part of such
machine or equipment used in the construction, maintenance, or
demolition of buildings, structures, bridges, tunnels, sewers,
utility pipes or lines, ditches or open cuts, roads, highways,
dams, airports, or waterways or in material handling for such
projects upon which any such serial number, product
identification number, part number, component identification
number, owner-applied identification number, or other mark of
identification has been changed, altered, removed, or
obliterated.
(c) Defacement of manufacturer's serial number or
identification mark. A person commits defacement of a
manufacturer's serial number or identification mark when he or
she knowingly removes, alters, defaces, covers, or destroys
the manufacturer's serial number or any other manufacturer's
number or distinguishing identification mark upon any machine
or other article of merchandise, other than a motor vehicle as
defined in Section 1-146 of the Illinois Vehicle Code or a
firearm as defined in the Firearm Owners Identification Card
Act, with the intent of concealing or destroying the identity
of such machine or other article of merchandise.

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(d) Sentence.
(1) A violation of subsection (a) of this Section is a
Class 4 felony if the value of the appliance or appliances
exceeds $1,000 and a Class B misdemeanor if the value of
the appliance or appliances is $1,000 or less.
(2) A violation of subsection (b) of this Section is a
Class A misdemeanor.
(3) A violation of subsection (c) of this Section is a
Class B misdemeanor.
(e) No liability shall be imposed upon any person for the
unintentional failure to comply with subsection (a).
(f) Definitions. In this Section:
"Commercial context" means a continuing business
enterprise conducted for profit by any person whose primary
business is the wholesale or retail marketing of household
appliances, or a significant portion of whose business or
inventory consists of household appliances kept or sold on a
wholesale or retail basis.
"Household appliance" means any gas or electric device or
machine marketed for use as home entertainment or for
facilitating or expediting household tasks or chores. The term
shall include but not necessarily be limited to refrigerators,
freezers, ranges, radios, television sets, vacuum cleaners,
toasters, dishwashers, and other similar household items.
"Manufacturer's identification number" means any serial
number or other similar numerical or alphabetical designation

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imprinted upon or attached to or placed, stamped, or otherwise
imprinted upon or attached to a household appliance or item by
the manufacturer for purposes of identifying a particular
appliance or item individually or by lot number.
(Source: P.A. 96-1551, eff. 7-1-11.)
(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
Sec. 24-1. Unlawful use of weapons.
(a) A person commits the offense of unlawful use of
weapons when he knowingly:
(1) Sells, manufactures, purchases, possesses or
carries any bludgeon, black-jack, slung-shot, sand-club,
sand-bag, metal knuckles or other knuckle weapon
regardless of its composition, throwing star, or any
knife, commonly referred to as a switchblade knife, which
has a blade that opens automatically by hand pressure
applied to a button, spring or other device in the handle
of the knife, or a ballistic knife, which is a device that
propels a knifelike blade as a projectile by means of a
coil spring, elastic material or compressed gas; or
(2) Carries or possesses with intent to use the same
unlawfully against another, a dagger, dirk, billy,
dangerous knife, razor, stiletto, broken bottle or other
piece of glass, stun gun or taser or any other dangerous or
deadly weapon or instrument of like character; or
(2.5) Carries or possesses with intent to use the same

SB1754 - 134 - LRB102 14289 RLC 19641 b
unlawfully against another, any firearm in a church,
synagogue, mosque, or other building, structure, or place
used for religious worship; or
(3) Carries on or about his person or in any vehicle, a
tear gas gun projector or bomb or any object containing
noxious liquid gas or substance, other than an object
containing a non-lethal noxious liquid gas or substance
designed solely for personal defense carried by a person
18 years of age or older; or
(4) Carries or possesses in any vehicle or concealed
on or about his person except when on his land or in his
own abode, legal dwelling, or fixed place of business, or
on the land or in the legal dwelling of another person as
an invitee with that person's permission, any pistol,
revolver, stun gun or taser or other firearm, except that
this subsection (a) (4) does not apply to or affect
transportation of weapons that meet one of the following
conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person eligible under State and federal law to possess
a firearm who has been issued a currently valid
Firearm Owner's Identification Card; or
(iv) are carried or possessed in accordance with

SB1754 - 135 - LRB102 14289 RLC 19641 b
the Firearm Concealed Carry Act by a person who has
been issued a currently valid license under the
Firearm Concealed Carry Act; or
(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind
designed, used or intended for use in silencing the report
of any firearm; or
(7) Sells, manufactures, purchases, possesses or
carries:
(i) a machine gun, which shall be defined for the
purposes of this subsection as any weapon, which
shoots, is designed to shoot, or can be readily
restored to shoot, automatically more than one shot
without manually reloading by a single function of the
trigger, including the frame or receiver of any such
weapon, or sells, manufactures, purchases, possesses,
or carries any combination of parts designed or
intended for use in converting any weapon into a
machine gun, or any combination or parts from which a
machine gun can be assembled if such parts are in the
possession or under the control of a person;
(ii) any rifle having one or more barrels less
than 16 inches in length or a shotgun having one or
more barrels less than 18 inches in length or any
weapon made from a rifle or shotgun, whether by
alteration, modification, or otherwise, if such a

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weapon as modified has an overall length of less than
26 inches; or
(iii) any bomb, bomb-shell, grenade, bottle or
other container containing an explosive substance of
over one-quarter ounce for like purposes, such as, but
not limited to, black powder bombs and Molotov
cocktails or artillery projectiles; or
(8) Carries or possesses any firearm, stun gun or
taser or other deadly weapon in any place which is
licensed to sell intoxicating beverages, or at any public
gathering held pursuant to a license issued by any
governmental body or any public gathering at which an
admission is charged, excluding a place where a showing,
demonstration or lecture involving the exhibition of
unloaded firearms is conducted.
This subsection (a)(8) does not apply to any auction
or raffle of a firearm held pursuant to a license or permit
issued by a governmental body, nor does it apply to
persons engaged in firearm safety training courses; or
(9) Carries or possesses in a vehicle or on or about
his or her person any pistol, revolver, stun gun or taser
or firearm or ballistic knife, when he or she is hooded,
robed or masked in such manner as to conceal his or her
identity; or
(10) Carries or possesses on or about his or her
person, upon any public street, alley, or other public

SB1754 - 137 - LRB102 14289 RLC 19641 b
lands within the corporate limits of a city, village, or
incorporated town, except when an invitee thereon or
therein, for the purpose of the display of such weapon or
the lawful commerce in weapons, or except when on his land
or in his or her own abode, legal dwelling, or fixed place
of business, or on the land or in the legal dwelling of
another person as an invitee with that person's
permission, any pistol, revolver, stun gun, or taser or
other firearm, except that this subsection (a) (10) does
not apply to or affect transportation of weapons that meet
one of the following conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person eligible under State and federal law to possess
a firearm who has been issued a currently valid
Firearm Owner's Identification Card; or
(iv) are carried or possessed in accordance with
the Firearm Concealed Carry Act by a person who has
been issued a currently valid license under the
Firearm Concealed Carry Act.
A "stun gun or taser", as used in this paragraph (a)
means (i) any device which is powered by electrical
charging units, such as, batteries, and which fires one or
several barbs attached to a length of wire and which, upon

SB1754 - 138 - LRB102 14289 RLC 19641 b
hitting a human, can send out a current capable of
disrupting the person's nervous system in such a manner as
to render him incapable of normal functioning or (ii) any
device which is powered by electrical charging units, such
as batteries, and which, upon contact with a human or
clothing worn by a human, can send out current capable of
disrupting the person's nervous system in such a manner as
to render him incapable of normal functioning; or
(11) Sells, manufactures, or purchases any explosive
bullet. For purposes of this paragraph (a) "explosive
bullet" means the projectile portion of an ammunition
cartridge which contains or carries an explosive charge
which will explode upon contact with the flesh of a human
or an animal. "Cartridge" means a tubular metal case
having a projectile affixed at the front thereof and a cap
or primer at the rear end thereof, with the propellant
contained in such tube between the projectile and the cap;
or
(12) (Blank); or
(13) Carries or possesses on or about his or her
person while in a building occupied by a unit of
government, a billy club, other weapon of like character,
or other instrument of like character intended for use as
a weapon. For the purposes of this Section, "billy club"
means a short stick or club commonly carried by police
officers which is either telescopic or constructed of a

SB1754 - 139 - LRB102 14289 RLC 19641 b
solid piece of wood or other man-made material.
(b) Sentence. A person convicted of a violation of
subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
Class A misdemeanor. A person convicted of a violation of
subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony;
a person convicted of a violation of subsection 24-1(a)(6) or
24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
convicted of a violation of subsection 24-1(a)(7)(i) commits a
Class 2 felony and shall be sentenced to a term of imprisonment
of not less than 3 years and not more than 7 years, unless the
weapon is possessed in the passenger compartment of a motor
vehicle as defined in Section 1-146 of the Illinois Vehicle
Code, or on the person, while the weapon is loaded, in which
case it shall be a Class X felony. A person convicted of a
second or subsequent violation of subsection 24-1(a)(4),
24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
felony. A person convicted of a violation of subsection
24-1(a)(2.5) commits a Class 2 felony. The possession of each
weapon in violation of this Section constitutes a single and
separate violation.
(c) Violations in specific places.
(1) A person who violates subsection 24-1(a)(6) or
24-1(a)(7) in any school, regardless of the time of day or
the time of year, in residential property owned, operated
or managed by a public housing agency or leased by a public

SB1754 - 140 - LRB102 14289 RLC 19641 b
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on the
real property comprising any school, regardless of the
time of day or the time of year, on residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, on the real property
comprising any public park, on the real property
comprising any courthouse, in any conveyance owned, leased
or contracted by a school to transport students to or from
school or a school related activity, in any conveyance
owned, leased, or contracted by a public transportation
agency, or on any public way within 1,000 feet of the real
property comprising any school, public park, courthouse,
public transportation facility, or residential property
owned, operated, or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development commits a Class 2 felony
and shall be sentenced to a term of imprisonment of not
less than 3 years and not more than 7 years.
(1.5) A person who violates subsection 24-1(a)(4),
24-1(a)(9), or 24-1(a)(10) in any school, regardless of
the time of day or the time of year, in residential
property owned, operated, or managed by a public housing
agency or leased by a public housing agency as part of a
scattered site or mixed-income development, in a public

SB1754 - 141 - LRB102 14289 RLC 19641 b
park, in a courthouse, on the real property comprising any
school, regardless of the time of day or the time of year,
on residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development,
on the real property comprising any public park, on the
real property comprising any courthouse, in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity,
in any conveyance owned, leased, or contracted by a public
transportation agency, or on any public way within 1,000
feet of the real property comprising any school, public
park, courthouse, public transportation facility, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 3 felony.
(2) A person who violates subsection 24-1(a)(1),
24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
time of day or the time of year, in residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, in a public park, in a
courthouse, on the real property comprising any school,
regardless of the time of day or the time of year, on
residential property owned, operated or managed by a

SB1754 - 142 - LRB102 14289 RLC 19641 b
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development,
on the real property comprising any public park, on the
real property comprising any courthouse, in any conveyance
owned, leased or contracted by a school to transport
students to or from school or a school related activity,
in any conveyance owned, leased, or contracted by a public
transportation agency, or on any public way within 1,000
feet of the real property comprising any school, public
park, courthouse, public transportation facility, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 4 felony. "Courthouse" means any building
that is used by the Circuit, Appellate, or Supreme Court
of this State for the conduct of official business.
(3) Paragraphs (1), (1.5), and (2) of this subsection
(c) shall not apply to law enforcement officers or
security officers of such school, college, or university
or to students carrying or possessing firearms for use in
training courses, parades, hunting, target shooting on
school ranges, or otherwise with the consent of school
authorities and which firearms are transported unloaded
enclosed in a suitable case, box, or transportation
package.
(4) For the purposes of this subsection (c), "school"

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means any public or private elementary or secondary
school, community college, college, or university.
(5) For the purposes of this subsection (c), "public
transportation agency" means a public or private agency
that provides for the transportation or conveyance of
persons by means available to the general public, except
for transportation by automobiles not used for conveyance
of the general public as passengers; and "public
transportation facility" means a terminal or other place
where one may obtain public transportation.
(d) The presence in an automobile other than a public
omnibus of any weapon, instrument or substance referred to in
subsection (a)(7) is prima facie evidence that it is in the
possession of, and is being carried by, all persons occupying
such automobile at the time such weapon, instrument or
substance is found, except under the following circumstances:
(i) if such weapon, instrument or instrumentality is found
upon the person of one of the occupants therein; or (ii) if
such weapon, instrument or substance is found in an automobile
operated for hire by a duly licensed driver in the due, lawful
and proper pursuit of his or her trade, then such presumption
shall not apply to the driver.
(e) Exemptions.
(1) Crossbows, Common or Compound bows and Underwater
Spearguns are exempted from the definition of ballistic
knife as defined in paragraph (1) of subsection (a) of

SB1754 - 144 - LRB102 14289 RLC 19641 b
this Section.
(2) The provision of paragraph (1) of subsection (a)
of this Section prohibiting the sale, manufacture,
purchase, possession, or carrying of any knife, commonly
referred to as a switchblade knife, which has a blade that
opens automatically by hand pressure applied to a button,
spring or other device in the handle of the knife, does not
apply to a person eligible under State and federal law to
possess a firearm who possesses a currently valid Firearm
Owner's Identification Card previously issued in his or
her name by the Department of State Police or to a person
or an entity engaged in the business of selling or
manufacturing switchblade knives.
(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
Sec. 24-1.1. Unlawful use or possession of weapons by
felons or persons in the custody of the Department of
Corrections facilities.
(a) It is unlawful for a person to knowingly possess on or
about his person or on his land or in his own abode or fixed
place of business any weapon prohibited under Section 24-1 of
this Act or any firearm or any firearm ammunition if the person
has been convicted of a felony under the laws of this State or
any other jurisdiction. This Section shall not apply if the
person has been granted relief under this subsection by the

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Director of the Department of State Police under Section 10 of
the Firearm Owners Identification Card Act. A person
prohibited from possessing a firearm under this subsection (a)
may petition the Director of the Illinois State Police for a
hearing and relief from the prohibition, unless the
prohibition was based upon a forcible felony, stalking,
aggravated stalking, domestic battery, any violation of the
Illinois Controlled Substances Act, the Methamphetamine
Control and Community Protection Act, or the Cannabis Control
Act that is classified as a Class 2 or greater felony, any
felony violation of Article 24 of the Criminal Code of 1961 or
the Criminal Code of 2012, or any adjudication as a delinquent
minor for the commission of an offense that if committed by an
adult would be a felony, in which case the person may petition
the circuit court in writing in the county of his or her
residence for a hearing and relief from the prohibition. The
Director or court may grant the relief if it is established by
the petitioner to the court's or Director's satisfaction that:
(1) when in the circuit court, the State's Attorney
has been served with a written copy of the petition at
least 30 days before any hearing in the circuit court and
at the hearing the State's Attorney was afforded an
opportunity to present evidence and object to the
petition;
(2) the petitioner has not been convicted of a
forcible felony under the laws of this State or any other

SB1754 - 146 - LRB102 14289 RLC 19641 b
jurisdiction within 20 years of the filing of the
petition, or at least 20 years have passed since the end of
any period of imprisonment imposed in relation to that
conviction;
(3) the circumstances regarding a criminal conviction,
where applicable, the petitioner's criminal history and
his or her reputation are such that the petitioner will
not be likely to act in a manner dangerous to public
safety;
(4) granting relief would not be contrary to the
public interest; and
(5) granting relief would not be contrary to federal
law.
(b) It is unlawful for any person confined in a penal
institution, which is a facility of the Illinois Department of
Corrections, to possess any weapon prohibited under Section
24-1 of this Code or any firearm or firearm ammunition,
regardless of the intent with which he possesses it.
(c) It shall be an affirmative defense to a violation of
subsection (b), that such possession was specifically
authorized by rule, regulation, or directive of the Illinois
Department of Corrections or order issued pursuant thereto.
(d) The defense of necessity is not available to a person
who is charged with a violation of subsection (b) of this
Section.
(e) Sentence. Violation of this Section by a person not

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confined in a penal institution shall be a Class 3 felony for
which the person shall be sentenced to no less than 2 years and
no more than 10 years. A second or subsequent violation of this
Section shall be a Class 2 felony for which the person shall be
sentenced to a term of imprisonment of not less than 3 years
and not more than 14 years, except as provided for in Section
5-4.5-110 of the Unified Code of Corrections. Violation of
this Section by a person not confined in a penal institution
who has been convicted of a forcible felony, a felony
violation of Article 24 of this Code or of the Firearm Owners
Identification Card Act, stalking or aggravated stalking, or a
Class 2 or greater felony under the Illinois Controlled
Substances Act, the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act is a
Class 2 felony for which the person shall be sentenced to not
less than 3 years and not more than 14 years, except as
provided for in Section 5-4.5-110 of the Unified Code of
Corrections. Violation of this Section by a person who is on
parole or mandatory supervised release is a Class 2 felony for
which the person shall be sentenced to not less than 3 years
and not more than 14 years, except as provided for in Section
5-4.5-110 of the Unified Code of Corrections. Violation of
this Section by a person not confined in a penal institution is
a Class X felony when the firearm possessed is a machine gun.
Any person who violates this Section while confined in a penal
institution, which is a facility of the Illinois Department of

SB1754 - 148 - LRB102 14289 RLC 19641 b
Corrections, is guilty of a Class 1 felony, if he possesses any
weapon prohibited under Section 24-1 of this Code regardless
of the intent with which he possesses it, a Class X felony if
he possesses any firearm, firearm ammunition or explosive, and
a Class X felony for which the offender shall be sentenced to
not less than 12 years and not more than 50 years when the
firearm possessed is a machine gun. A violation of this
Section while wearing or in possession of body armor as
defined in Section 33F-1 is a Class X felony punishable by a
term of imprisonment of not less than 10 years and not more
than 40 years. The possession of each firearm or firearm
ammunition in violation of this Section constitutes a single
and separate violation.
(Source: P.A. 100-3, eff. 1-1-18.)
(720 ILCS 5/24-1.6)
Sec. 24-1.6. Aggravated unlawful use of a weapon.
(a) A person commits the offense of aggravated unlawful
use of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any
vehicle or concealed on or about his or her person except
when on his or her land or in his or her abode, legal
dwelling, or fixed place of business, or on the land or in
the legal dwelling of another person as an invitee with
that person's permission, any pistol, revolver, stun gun
or taser or other firearm; or

SB1754 - 149 - LRB102 14289 RLC 19641 b
(2) Carries or possesses on or about his or her
person, upon any public street, alley, or other public
lands within the corporate limits of a city, village or
incorporated town, except when an invitee thereon or
therein, for the purpose of the display of such weapon or
the lawful commerce in weapons, or except when on his or
her own land or in his or her own abode, legal dwelling, or
fixed place of business, or on the land or in the legal
dwelling of another person as an invitee with that
person's permission, any pistol, revolver, stun gun or
taser or other firearm; and
(3) One of the following factors is present:
(A) the firearm, other than a pistol, revolver, or
handgun, possessed was uncased, loaded, and
immediately accessible at the time of the offense; or
(A-5) the pistol, revolver, or handgun possessed
was uncased, loaded, and immediately accessible at the
time of the offense and the person possessing the
pistol, revolver, or handgun has not been issued a
currently valid license under the Firearm Concealed
Carry Act; or
(B) the firearm, other than a pistol, revolver, or
handgun, possessed was uncased, unloaded, and the
ammunition for the weapon was immediately accessible
at the time of the offense; or
(B-5) the pistol, revolver, or handgun possessed

SB1754 - 150 - LRB102 14289 RLC 19641 b
was uncased, unloaded, and the ammunition for the
weapon was immediately accessible at the time of the
offense and the person possessing the pistol,
revolver, or handgun has not been issued a currently
valid license under the Firearm Concealed Carry Act;
or
(C) (blank); or the person possessing the firearm
has not been issued a currently valid Firearm Owner's
Identification Card; or
(D) the person possessing the weapon was
previously adjudicated a delinquent minor under the
Juvenile Court Act of 1987 for an act that if committed
by an adult would be a felony; or
(E) the person possessing the weapon was engaged
in a misdemeanor violation of the Cannabis Control
Act, in a misdemeanor violation of the Illinois
Controlled Substances Act, or in a misdemeanor
violation of the Methamphetamine Control and Community
Protection Act; or
(F) (blank); or
(G) the person possessing the weapon had an order
of protection issued against him or her within the
previous 2 years; or
(H) the person possessing the weapon was engaged
in the commission or attempted commission of a
misdemeanor involving the use or threat of violence

SB1754 - 151 - LRB102 14289 RLC 19641 b
against the person or property of another; or
(I) the person possessing the weapon was under 21
years of age and in possession of a handgun, unless the
person under 21 is engaged in lawful activities under
the Wildlife Code or described in subsection
24-2(b)(1), (b)(3), or 24-2(f).
(a-5) "Handgun" as used in this Section has the meaning
given to it in Section 5 of the Firearm Concealed Carry Act.
(b) "Stun gun or taser" as used in this Section has the
same definition given to it in Section 24-1 of this Code.
(c) This Section does not apply to or affect the
transportation or possession of weapons that:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a person
is eligible under State and federal law to possess a
firearm who has been issued a currently valid Firearm
Owner's Identification Card.
(d) Sentence.
(1) Aggravated unlawful use of a weapon is a Class 4
felony; a second or subsequent offense is a Class 2 felony
for which the person shall be sentenced to a term of
imprisonment of not less than 3 years and not more than 7
years, except as provided for in Section 5-4.5-110 of the
Unified Code of Corrections.

SB1754 - 152 - LRB102 14289 RLC 19641 b
(2) (Blank). Except as otherwise provided in
paragraphs (3) and (4) of this subsection (d), a first
offense of aggravated unlawful use of a weapon committed
with a firearm by a person 18 years of age or older where
the factors listed in both items (A) and (C) or both items
(A-5) and (C) of paragraph (3) of subsection (a) are
present is a Class 4 felony, for which the person shall be
sentenced to a term of imprisonment of not less than one
year and not more than 3 years.
(3) Aggravated unlawful use of a weapon by a person
who has been previously convicted of a felony in this
State or another jurisdiction is a Class 2 felony for
which the person shall be sentenced to a term of
imprisonment of not less than 3 years and not more than 7
years, except as provided for in Section 5-4.5-110 of the
Unified Code of Corrections.
(4) Aggravated unlawful use of a weapon while wearing
or in possession of body armor as defined in Section 33F-1
by a person who is prohibited under State or federal law
from possessing a firearm has not been issued a valid
Firearms Owner's Identification Card in accordance with
Section 5 of the Firearm Owners Identification Card Act is
a Class X felony.
(e) The possession of each firearm in violation of this
Section constitutes a single and separate violation.
(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

SB1754 - 153 - LRB102 14289 RLC 19641 b
(720 ILCS 5/24-1.8)
Sec. 24-1.8. Unlawful possession of a firearm by a street
gang member.
(a) A person commits unlawful possession of a firearm by a
street gang member when he or she knowingly:
(1) possesses, carries, or conceals on or about his or
her person a firearm and firearm ammunition while on any
street, road, alley, gangway, sidewalk, or any other
lands, except when inside his or her own abode or inside
his or her fixed place of business, and has not been issued
a currently valid Firearm Owner's Identification Card and
is a member of a street gang; or
(2) possesses or carries in any vehicle a firearm and
firearm ammunition which are both immediately accessible
at the time of the offense while on any street, road,
alley, or any other lands, except when inside his or her
own abode or garage, and has not been issued a currently
valid Firearm Owner's Identification Card and is a member
of a street gang.
(b) Unlawful possession of a firearm by a street gang
member is a Class 2 felony for which the person, if sentenced
to a term of imprisonment, shall be sentenced to no less than 3
years and no more than 10 years. A period of probation, a term
of periodic imprisonment or conditional discharge shall not be
imposed for the offense of unlawful possession of a firearm by

SB1754 - 154 - LRB102 14289 RLC 19641 b
a street gang member when the firearm was loaded or contained
firearm ammunition and the court shall sentence the offender
to not less than the minimum term of imprisonment authorized
for the Class 2 felony.
(c) For purposes of this Section:
"Street gang" or "gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
"Street gang member" or "gang member" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(Source: P.A. 96-829, eff. 12-3-09.)
(720 ILCS 5/24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
the following:
(1) Peace officers, and any person summoned by a peace
officer to assist in making arrests or preserving the
peace, while actually engaged in assisting such officer.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense,
while in the performance of their official duty, or while
commuting between their homes and places of employment.

SB1754 - 155 - LRB102 14289 RLC 19641 b
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard or the
Reserve Officers Training Corps, while in the performance
of their official duty.
(4) Special agents employed by a railroad or a public
utility to perform police functions, and guards of armored
car companies, while actually engaged in the performance
of the duties of their employment or commuting between
their homes and places of employment; and watchmen while
actually engaged in the performance of the duties of their
employment.
(5) Persons licensed as private security contractors,
private detectives, or private alarm contractors, or
employed by a private security contractor, private
detective, or private alarm contractor agency licensed by
the Department of Financial and Professional Regulation,
if their duties include the carrying of a weapon under the
provisions of the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of
2004, while actually engaged in the performance of the
duties of their employment or commuting between their
homes and places of employment. A person shall be
considered eligible for this exemption if he or she has
completed the required 20 hours of training for a private
security contractor, private detective, or private alarm
contractor, or employee of a licensed private security

SB1754 - 156 - LRB102 14289 RLC 19641 b
contractor, private detective, or private alarm contractor
agency and 20 hours of required firearm training, and has
been issued a firearm control card by the Department of
Financial and Professional Regulation. Conditions for the
renewal of firearm control cards issued under the
provisions of this Section shall be the same as for those
cards issued under the provisions of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. The firearm control
card shall be carried by the private security contractor,
private detective, or private alarm contractor, or
employee of the licensed private security contractor,
private detective, or private alarm contractor agency at
all times when he or she is in possession of a concealable
weapon permitted by his or her firearm control card.
(6) Any person regularly employed in a commercial or
industrial operation as a security guard for the
protection of persons employed and private property
related to such commercial or industrial operation, while
actually engaged in the performance of his or her duty or
traveling between sites or properties belonging to the
employer, and who, as a security guard, is a member of a
security force registered with the Department of Financial
and Professional Regulation; provided that such security
guard has successfully completed a course of study,
approved by and supervised by the Department of Financial

SB1754 - 157 - LRB102 14289 RLC 19641 b
and Professional Regulation, consisting of not less than
40 hours of training that includes the theory of law
enforcement, liability for acts, and the handling of
weapons. A person shall be considered eligible for this
exemption if he or she has completed the required 20 hours
of training for a security officer and 20 hours of
required firearm training, and has been issued a firearm
control card by the Department of Financial and
Professional Regulation. Conditions for the renewal of
firearm control cards issued under the provisions of this
Section shall be the same as for those cards issued under
the provisions of the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of
2004. The firearm control card shall be carried by the
security guard at all times when he or she is in possession
of a concealable weapon permitted by his or her firearm
control card.
(7) Agents and investigators of the Illinois
Legislative Investigating Commission authorized by the
Commission to carry the weapons specified in subsections
24-1(a)(3) and 24-1(a)(4), while on duty in the course of
any investigation for the Commission.
(8) Persons employed by a financial institution as a
security guard for the protection of other employees and
property related to such financial institution, while
actually engaged in the performance of their duties,

SB1754 - 158 - LRB102 14289 RLC 19641 b
commuting between their homes and places of employment, or
traveling between sites or properties owned or operated by
such financial institution, and who, as a security guard,
is a member of a security force registered with the
Department; provided that any person so employed has
successfully completed a course of study, approved by and
supervised by the Department of Financial and Professional
Regulation, consisting of not less than 40 hours of
training which includes theory of law enforcement,
liability for acts, and the handling of weapons. A person
shall be considered to be eligible for this exemption if
he or she has completed the required 20 hours of training
for a security officer and 20 hours of required firearm
training, and has been issued a firearm control card by
the Department of Financial and Professional Regulation.
Conditions for renewal of firearm control cards issued
under the provisions of this Section shall be the same as
for those issued under the provisions of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. The firearm control
card shall be carried by the security guard at all times
when he or she is in possession of a concealable weapon
permitted by his or her firearm control card. For purposes
of this subsection, "financial institution" means a bank,
savings and loan association, credit union or company
providing armored car services.

SB1754 - 159 - LRB102 14289 RLC 19641 b
(9) Any person employed by an armored car company to
drive an armored car, while actually engaged in the
performance of his duties.
(10) Persons who have been classified as peace
officers pursuant to the Peace Officer Fire Investigation
Act.
(11) Investigators of the Office of the State's
Attorneys Appellate Prosecutor authorized by the board of
governors of the Office of the State's Attorneys Appellate
Prosecutor to carry weapons pursuant to Section 7.06 of
the State's Attorneys Appellate Prosecutor's Act.
(12) Special investigators appointed by a State's
Attorney under Section 3-9005 of the Counties Code.
(12.5) Probation officers while in the performance of
their duties, or while commuting between their homes,
places of employment or specific locations that are part
of their assigned duties, with the consent of the chief
judge of the circuit for which they are employed, if they
have received weapons training according to requirements
of the Peace Officer and Probation Officer Firearm
Training Act.
(13) Court Security Officers while in the performance
of their official duties, or while commuting between their
homes and places of employment, with the consent of the
Sheriff.
(13.5) A person employed as an armed security guard at

SB1754 - 160 - LRB102 14289 RLC 19641 b
a nuclear energy, storage, weapons or development site or
facility regulated by the Nuclear Regulatory Commission
who has completed the background screening and training
mandated by the rules and regulations of the Nuclear
Regulatory Commission.
(14) Manufacture, transportation, or sale of weapons
to persons authorized under subdivisions (1) through
(13.5) of this subsection to possess those weapons.
(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
to or affect any person carrying a concealed pistol, revolver,
or handgun and the person has been issued a currently valid
license under the Firearm Concealed Carry Act at the time of
the commission of the offense.
(a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
to or affect a qualified current or retired law enforcement
officer qualified under the laws of this State or under the
federal Law Enforcement Officers Safety Act.
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
(1) Members of any club or organization organized for
the purpose of practicing shooting at targets upon
established target ranges, whether public or private, and
patrons of such ranges, while such members or patrons are
using their firearms on those target ranges.
(2) Duly authorized military or civil organizations
while parading, with the special permission of the

SB1754 - 161 - LRB102 14289 RLC 19641 b
Governor.
(3) Hunters, trappers or fishermen with a license or
permit while engaged in hunting, trapping or fishing.
(4) Transportation of weapons that are broken down in
a non-functioning state or are not immediately accessible.
(5) Carrying or possessing any pistol, revolver, stun
gun or taser or other firearm on the land or in the legal
dwelling of another person as an invitee with that
person's permission.
(c) Subsection 24-1(a)(7) does not apply to or affect any
of the following:
(1) Peace officers while in performance of their
official duties.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(4) Manufacture, transportation, or sale of machine
guns to persons authorized under subdivisions (1) through
(3) of this subsection to possess machine guns, if the
machine guns are broken down in a non-functioning state or
are not immediately accessible.
(5) Persons licensed under federal law to manufacture
any weapon from which 8 or more shots or bullets can be

SB1754 - 162 - LRB102 14289 RLC 19641 b
discharged by a single function of the firing device, or
ammunition for such weapons, and actually engaged in the
business of manufacturing such weapons or ammunition, but
only with respect to activities which are within the
lawful scope of such business, such as the manufacture,
transportation, or testing of such weapons or ammunition.
This exemption does not authorize the general private
possession of any weapon from which 8 or more shots or
bullets can be discharged by a single function of the
firing device, but only such possession and activities as
are within the lawful scope of a licensed manufacturing
business described in this paragraph.
During transportation, such weapons shall be broken
down in a non-functioning state or not immediately
accessible.
(6) The manufacture, transport, testing, delivery,
transfer or sale, and all lawful commercial or
experimental activities necessary thereto, of rifles,
shotguns, and weapons made from rifles or shotguns, or
ammunition for such rifles, shotguns or weapons, where
engaged in by a person operating as a contractor or
subcontractor pursuant to a contract or subcontract for
the development and supply of such rifles, shotguns,
weapons or ammunition to the United States government or
any branch of the Armed Forces of the United States, when
such activities are necessary and incident to fulfilling

SB1754 - 163 - LRB102 14289 RLC 19641 b
the terms of such contract.
The exemption granted under this subdivision (c)(6)
shall also apply to any authorized agent of any such
contractor or subcontractor who is operating within the
scope of his employment, where such activities involving
such weapon, weapons or ammunition are necessary and
incident to fulfilling the terms of such contract.
(7) A person possessing a rifle with a barrel or
barrels less than 16 inches in length if: (A) the person
has been issued a Curios and Relics license from the U.S.
Bureau of Alcohol, Tobacco, Firearms and Explosives; or
(B) the person is an active member of a bona fide,
nationally recognized military re-enacting group and the
modification is required and necessary to accurately
portray the weapon for historical re-enactment purposes;
the re-enactor is in possession of a valid and current
re-enacting group membership credential; and the overall
length of the weapon as modified is not less than 26
inches.
(d) Subsection 24-1(a)(1) does not apply to the purchase,
possession or carrying of a black-jack or slung-shot by a
peace officer.
(e) Subsection 24-1(a)(8) does not apply to any owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

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Section 24-1.6 do not apply to members of any club or
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or
private, while using their firearms on those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
to:
(1) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(2) Bonafide collectors of antique or surplus military
ordnance.
(3) Laboratories having a department of forensic
ballistics, or specializing in the development of
ammunition or explosive ordnance.
(4) Commerce, preparation, assembly or possession of
explosive bullets by manufacturers of ammunition licensed
by the federal government, in connection with the supply
of those organizations and persons exempted by subdivision
(g)(1) of this Section, or like organizations and persons
outside this State, or the transportation of explosive
bullets to any organization or person exempted in this
Section by a common carrier or by a vehicle owned or leased
by an exempted manufacturer.
(g-5) Subsection 24-1(a)(6) does not apply to or affect
persons licensed under federal law to manufacture any device
or attachment of any kind designed, used, or intended for use

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in silencing the report of any firearm, firearms, or
ammunition for those firearms equipped with those devices, and
actually engaged in the business of manufacturing those
devices, firearms, or ammunition, but only with respect to
activities that are within the lawful scope of that business,
such as the manufacture, transportation, or testing of those
devices, firearms, or ammunition. This exemption does not
authorize the general private possession of any device or
attachment of any kind designed, used, or intended for use in
silencing the report of any firearm, but only such possession
and activities as are within the lawful scope of a licensed
manufacturing business described in this subsection (g-5).
During transportation, these devices shall be detached from
any weapon or not immediately accessible.
(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any parole agent or parole
supervisor who meets the qualifications and conditions
prescribed in Section 3-14-1.5 of the Unified Code of
Corrections.
(g-7) Subsection 24-1(a)(6) does not apply to a peace
officer while serving as a member of a tactical response team
or special operations team. A peace officer may not personally
own or apply for ownership of a device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm. These devices shall be owned and
maintained by lawfully recognized units of government whose

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duties include the investigation of criminal acts.
(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
athlete's possession, transport on official Olympic and
Paralympic transit systems established for athletes, or use of
competition firearms sanctioned by the International Olympic
Committee, the International Paralympic Committee, the
International Shooting Sport Federation, or USA Shooting in
connection with such athlete's training for and participation
in shooting competitions at the 2016 Olympic and Paralympic
Games and sanctioned test events leading up to the 2016
Olympic and Paralympic Games.
(h) An information or indictment based upon a violation of
any subsection of this Article need not negative any
exemptions contained in this Article. The defendant shall have
the burden of proving such an exemption.
(i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm
consigned to a common carrier operating under license of the
State of Illinois or the federal government, where such
transportation, carrying, or possession is incident to the
lawful transportation in which such common carrier is engaged;
and nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession of any
pistol, revolver, stun gun, taser, or other firearm, not the

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subject of and regulated by subsection 24-1(a)(7) or
subsection 24-2(c) of this Article, which is unloaded and
enclosed in a case, firearm carrying box, shipping box, or
other container, by a person eligible under State and federal
law to possess a firearm the possessor of a valid Firearm
Owners Identification Card.
(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful sale or delivery of firearms.
(A) A person commits the offense of unlawful sale or
delivery of firearms when he or she knowingly does any of the
following:
(a) Sells or gives any firearm of a size which may be
concealed upon the person to any person under 18 years of
age.
(b) Sells or gives any firearm to a person under 21
years of age who has been convicted of a misdemeanor other
than a traffic offense or adjudged delinquent.
(c) Sells or gives any firearm to any narcotic addict.
(d) Sells or gives any firearm to any person who has
been convicted of a felony under the laws of this or any
other jurisdiction.
(e) Sells or gives any firearm to any person who has
been a patient in a mental institution within the past 5
years. In this subsection (e):

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"Mental institution" means any hospital,
institution, clinic, evaluation facility, mental
health center, or part thereof, which is used
primarily for the care or treatment of persons with
mental illness.
"Patient in a mental institution" means the person
was admitted, either voluntarily or involuntarily, to
a mental institution for mental health treatment,
unless the treatment was voluntary and solely for an
alcohol abuse disorder and no other secondary
substance abuse disorder or mental illness.
(f) Sells or gives any firearms to any person who is a
person with an intellectual disability.
(g) Delivers any firearm, incidental to a sale,
without withholding delivery of the firearm for at least
72 hours after application for its purchase has been made,
or delivers a stun gun or taser, incidental to a sale,
without withholding delivery of the stun gun or taser for
at least 24 hours after application for its purchase has
been made. However, this paragraph (g) does not apply to:
(1) the sale of a firearm to a law enforcement officer if
the seller of the firearm knows that the person to whom he
or she is selling the firearm is a law enforcement officer
or the sale of a firearm to a person who desires to
purchase a firearm for use in promoting the public
interest incident to his or her employment as a bank

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guard, armed truck guard, or other similar employment; (2)
a mail order sale of a firearm from a federally licensed
firearms dealer to a nonresident of Illinois under which
the firearm is mailed to a federally licensed firearms
dealer outside the boundaries of Illinois; (3) (blank);
(4) the sale of a firearm to a dealer licensed as a federal
firearms dealer under Section 923 of the federal Gun
Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
sale of any rifle, shotgun, or other long gun to a resident
registered competitor or attendee or non-resident
registered competitor or attendee by any dealer licensed
as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 at competitive shooting
events held at the World Shooting Complex sanctioned by a
national governing body. For purposes of transfers or
sales under subparagraph (5) of this paragraph (g), the
Department of Natural Resources shall give notice to the
Department of State Police at least 30 calendar days prior
to any competitive shooting events at the World Shooting
Complex sanctioned by a national governing body. The
notification shall be made on a form prescribed by the
Department of State Police. The sanctioning body shall
provide a list of all registered competitors and attendees
at least 24 hours before the events to the Department of
State Police. Any changes to the list of registered
competitors and attendees shall be forwarded to the

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Department of State Police as soon as practicable. The
Department of State Police must destroy the list of
registered competitors and attendees no later than 30 days
after the date of the event. Nothing in this paragraph (g)
relieves a federally licensed firearm dealer from the
requirements of conducting a NICS background check through
the Illinois Point of Contact under 18 U.S.C. 922(t). For
purposes of this paragraph (g), "application" means when
the buyer and seller reach an agreement to purchase a
firearm. For purposes of this paragraph (g), "national
governing body" means a group of persons who adopt rules
and formulate policy on behalf of a national firearm
sporting organization.
(h) While holding any license as a dealer, importer,
manufacturer or pawnbroker under the federal Gun Control
Act of 1968, manufactures, sells or delivers to any
unlicensed person a handgun having a barrel, slide, frame
or receiver which is a die casting of zinc alloy or any
other nonhomogeneous metal which will melt or deform at a
temperature of less than 800 degrees Fahrenheit. For
purposes of this paragraph, (1) "firearm" is defined as in
the Firearm Owners Identification Card Act; and (2)
"handgun" is defined as a firearm designed to be held and
fired by the use of a single hand, and includes a
combination of parts from which such a firearm can be
assembled.

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(i) Sells or gives a firearm of any size to any person
under 18 years of age who is not eligible under State or
federal law to possess a firearm does not possess a valid
Firearm Owner's Identification Card.
(j) Sells or gives a firearm while engaged in the
business of selling firearms at wholesale or retail
without being licensed as a federal firearms dealer under
Section 923 of the federal Gun Control Act of 1968 (18
U.S.C. 923). In this paragraph (j):
A person "engaged in the business" means a person who
devotes time, attention, and labor to engaging in the
activity as a regular course of trade or business with the
principal objective of livelihood and profit, but does not
include a person who makes occasional repairs of firearms
or who occasionally fits special barrels, stocks, or
trigger mechanisms to firearms.
"With the principal objective of livelihood and
profit" means that the intent underlying the sale or
disposition of firearms is predominantly one of obtaining
livelihood and pecuniary gain, as opposed to other
intents, such as improving or liquidating a personal
firearms collection; however, proof of profit shall not be
required as to a person who engages in the regular and
repetitive purchase and disposition of firearms for
criminal purposes or terrorism.
(k) (Blank). Sells or transfers ownership of a firearm

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to a person who does not display to the seller or
transferor of the firearm either: (1) a currently valid
Firearm Owner's Identification Card that has previously
been issued in the transferee's name by the Department of
State Police under the provisions of the Firearm Owners
Identification Card Act; or (2) a currently valid license
to carry a concealed firearm that has previously been
issued in the transferee's name by the Department of State
Police under the Firearm Concealed Carry Act. This
paragraph (k) does not apply to the transfer of a firearm
to a person who is exempt from the requirement of
possessing a Firearm Owner's Identification Card under
Section 2 of the Firearm Owners Identification Card Act.
For the purposes of this Section, a currently valid
Firearm Owner's Identification Card means (i) a Firearm
Owner's Identification Card that has not expired or (ii)
an approval number issued in accordance with subsection
(a-10) of subsection 3 or Section 3.1 of the Firearm
Owners Identification Card Act shall be proof that the
Firearm Owner's Identification Card was valid.
(1) (Blank). In addition to the other requirements
of this paragraph (k), all persons who are not
federally licensed firearms dealers must also have
complied with subsection (a-10) of Section 3 of the
Firearm Owners Identification Card Act by determining
the validity of a purchaser's Firearm Owner's

SB1754 - 173 - LRB102 14289 RLC 19641 b
Identification Card.
(2) (Blank). All sellers or transferors who have
complied with the requirements of subparagraph (1) of
this paragraph (k) shall not be liable for damages in
any civil action arising from the use or misuse by the
transferee of the firearm transferred, except for
willful or wanton misconduct on the part of the seller
or transferor.
(l) Not being entitled to the possession of a firearm,
delivers the firearm, knowing it to have been stolen or
converted. It may be inferred that a person who possesses
a firearm with knowledge that its serial number has been
removed or altered has knowledge that the firearm is
stolen or converted.
(B) Paragraph (h) of subsection (A) does not include
firearms sold within 6 months after enactment of Public Act
78-355 (approved August 21, 1973, effective October 1, 1973),
nor is any firearm legally owned or possessed by any citizen or
purchased by any citizen within 6 months after the enactment
of Public Act 78-355 subject to confiscation or seizure under
the provisions of that Public Act. Nothing in Public Act
78-355 shall be construed to prohibit the gift or trade of any
firearm if that firearm was legally held or acquired within 6
months after the enactment of that Public Act.
(C) Sentence.
(1) Any person convicted of unlawful sale or delivery

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of firearms in violation of paragraph (c), (e), (f), (g),
or (h) of subsection (A) commits a Class 4 felony.
(2) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (b) or (i) of
subsection (A) commits a Class 3 felony.
(3) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) of subsection
(A) commits a Class 2 felony.
(4) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real
property comprising a school, at a school related
activity, or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school or school
district to transport students to or from school or a
school related activity, regardless of the time of day or
time of year at which the offense was committed, commits a
Class 1 felony. Any person convicted of a second or
subsequent violation of unlawful sale or delivery of
firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real
property comprising a school, at a school related
activity, or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school or school

SB1754 - 175 - LRB102 14289 RLC 19641 b
district to transport students to or from school or a
school related activity, regardless of the time of day or
time of year at which the offense was committed, commits a
Class 1 felony for which the sentence shall be a term of
imprisonment of no less than 5 years and no more than 15
years.
(5) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) or (i) of
subsection (A) in residential property owned, operated, or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development,
on the real property comprising any public park, on the
real property comprising any courthouse, or on any public
way within 1,000 feet of the real property comprising any
public park, courthouse, or residential property owned,
operated, or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development commits a Class 2 felony.
(6) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (j) of subsection
(A) commits a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony.

SB1754 - 176 - LRB102 14289 RLC 19641 b
(7) (Blank). Any person convicted of unlawful sale or
delivery of firearms in violation of paragraph (k) of
subsection (A) commits a Class 4 felony, except that a
violation of subparagraph (1) of paragraph (k) of
subsection (A) shall not be punishable as a crime or petty
offense. A third or subsequent conviction for a violation
of paragraph (k) of subsection (A) is a Class 1 felony.
(8) A person 18 years of age or older convicted of
unlawful sale or delivery of firearms in violation of
paragraph (a) or (i) of subsection (A), when the firearm
that was sold or given to another person under 18 years of
age was used in the commission of or attempt to commit a
forcible felony, shall be fined or imprisoned, or both,
not to exceed the maximum provided for the most serious
forcible felony so committed or attempted by the person
under 18 years of age who was sold or given the firearm.
(9) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (d) of subsection
(A) commits a Class 3 felony.
(10) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (l) of subsection
(A) commits a Class 2 felony if the delivery is of one
firearm. Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (l) of subsection
(A) commits a Class 1 felony if the delivery is of not less
than 2 and not more than 5 firearms at the same time or

SB1754 - 177 - LRB102 14289 RLC 19641 b
within a one year period. Any person convicted of unlawful
sale or delivery of firearms in violation of paragraph (l)
of subsection (A) commits a Class X felony for which he or
she shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 30 years if the
delivery is of not less than 6 and not more than 10
firearms at the same time or within a 2 year period. Any
person convicted of unlawful sale or delivery of firearms
in violation of paragraph (l) of subsection (A) commits a
Class X felony for which he or she shall be sentenced to a
term of imprisonment of not less than 6 years and not more
than 40 years if the delivery is of not less than 11 and
not more than 20 firearms at the same time or within a 3
year period. Any person convicted of unlawful sale or
delivery of firearms in violation of paragraph (l) of
subsection (A) commits a Class X felony for which he or she
shall be sentenced to a term of imprisonment of not less
than 6 years and not more than 50 years if the delivery is
of not less than 21 and not more than 30 firearms at the
same time or within a 4 year period. Any person convicted
of unlawful sale or delivery of firearms in violation of
paragraph (l) of subsection (A) commits a Class X felony
for which he or she shall be sentenced to a term of
imprisonment of not less than 6 years and not more than 60
years if the delivery is of 31 or more firearms at the same
time or within a 5 year period.

SB1754 - 178 - LRB102 14289 RLC 19641 b
(D) For purposes of this Section:
"School" means a public or private elementary or secondary
school, community college, college, or university.
"School related activity" means any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or
in part by a school or school district.
(E) A prosecution for a violation of paragraph (k) of
subsection (A) of this Section may be commenced within 6 years
after the commission of the offense. A prosecution for a
violation of this Section other than paragraph (g) of
subsection (A) of this Section may be commenced within 5 years
after the commission of the offense defined in the particular
paragraph.
(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
99-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
(720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
Sec. 24-3.1. Unlawful possession of firearms and firearm
ammunition.
(a) A person commits the offense of unlawful possession of
firearms or firearm ammunition when:
(1) He is under 18 years of age and has in his
possession any firearm of a size which may be concealed
upon the person; or
(2) He is under 21 years of age, has been convicted of

SB1754 - 179 - LRB102 14289 RLC 19641 b
a misdemeanor other than a traffic offense or adjudged
delinquent and has any firearms or firearm ammunition in
his possession; or
(3) He is a narcotic addict and has any firearms or
firearm ammunition in his possession; or
(4) He has been a patient in a mental institution
within the past 5 years and has any firearms or firearm
ammunition in his possession. For purposes of this
paragraph (4):
"Mental institution" means any hospital,
institution, clinic, evaluation facility, mental
health center, or part thereof, which is used
primarily for the care or treatment of persons with
mental illness.
"Patient in a mental institution" means the person
was admitted, either voluntarily or involuntarily, to
a mental institution for mental health treatment,
unless the treatment was voluntary and solely for an
alcohol abuse disorder and no other secondary
substance abuse disorder or mental illness; or
(5) He is a person with an intellectual disability and
has any firearms or firearm ammunition in his possession;
or
(6) He has in his possession any explosive bullet.
For purposes of this paragraph "explosive bullet" means
the projectile portion of an ammunition cartridge which

SB1754 - 180 - LRB102 14289 RLC 19641 b
contains or carries an explosive charge which will explode
upon contact with the flesh of a human or an animal.
"Cartridge" means a tubular metal case having a projectile
affixed at the front thereof and a cap or primer at the rear
end thereof, with the propellant contained in such tube
between the projectile and the cap.
(a-5) A person prohibited from possessing a firearm under
this Section may petition the Director of the Illinois State
Police for a hearing and relief from the prohibition, unless
the prohibition was based upon a forcible felony, stalking,
aggravated stalking, domestic battery, any violation of the
Illinois Controlled Substances Act, the Methamphetamine
Control and Community Protection Act, or the Cannabis Control
Act that is classified as a Class 2 or greater felony, any
felony violation of Article 24 of the Criminal Code of 1961 or
the Criminal Code of 2012, or any adjudication as a delinquent
minor for the commission of an offense that if committed by an
adult would be a felony, in which case the person may petition
the circuit court in writing in the county of his or her
residence for a hearing and relief from the prohibition. The
Director or court may grant the relief if it is established by
the petitioner to the court's or Director's satisfaction that:
(1) when in the circuit court, the State's Attorney
has been served with a written copy of the petition at
least 30 days before any hearing in the circuit court and
at the hearing the State's Attorney was afforded an

SB1754 - 181 - LRB102 14289 RLC 19641 b
opportunity to present evidence and object to the
petition;
(2) the petitioner has not been convicted of a
forcible felony under the laws of this State or any other
jurisdiction within 20 years of the filing of the
petition, or at least 20 years have passed since the end of
any period of imprisonment imposed in relation to that
conviction;
(3) the circumstances regarding a criminal conviction,
where applicable, the petitioner's criminal history and
his reputation are such that the petitioner will not be
likely to act in a manner dangerous to public safety;
(4) granting relief would not be contrary to the
public interest; and
(5) granting relief would not be contrary to federal
law.
(b) Sentence.
Unlawful possession of firearms, other than handguns, and
firearm ammunition is a Class A misdemeanor. Unlawful
possession of handguns is a Class 4 felony. The possession of
each firearm or firearm ammunition in violation of this
Section constitutes a single and separate violation.
(c) Nothing in paragraph (1) of subsection (a) of this
Section prohibits a person under 18 years of age from
participating in any lawful recreational activity with a
firearm such as, but not limited to, practice shooting at

SB1754 - 182 - LRB102 14289 RLC 19641 b
targets upon established public or private target ranges or
hunting, trapping, or fishing in accordance with the Wildlife
Code or the Fish and Aquatic Life Code.
(Source: P.A. 99-143, eff. 7-27-15.)
(720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
Sec. 24-3.2. Unlawful discharge of firearm projectiles.
(a) A person commits the offense of unlawful discharge of
firearm projectiles when he or she knowingly or recklessly
uses an armor piercing bullet, dragon's breath shotgun shell,
bolo shell, or flechette shell in violation of this Section.
For purposes of this Section:
"Armor piercing bullet" means any handgun bullet or
handgun ammunition with projectiles or projectile cores
constructed entirely (excluding the presence of traces of
other substances) from tungsten alloys, steel, iron, brass,
bronze, beryllium copper or depleted uranium, or fully
jacketed bullets larger than 22 caliber whose jacket has a
weight of more than 25% of the total weight of the projectile,
and excluding those handgun projectiles whose cores are
composed of soft materials such as lead or lead alloys, zinc or
zinc alloys, frangible projectiles designed primarily for
sporting purposes, and any other projectiles or projectile
cores that the U. S. Secretary of the Treasury finds to be
primarily intended to be used for sporting purposes or
industrial purposes or that otherwise does not constitute

SB1754 - 183 - LRB102 14289 RLC 19641 b
"armor piercing ammunition" as that term is defined by federal
law.
"Dragon's breath shotgun shell" means any shotgun shell
that contains exothermic pyrophoric mesh metal as the
projectile and is designed for the purpose of throwing or
spewing a flame or fireball to simulate a flame-thrower.
"Bolo shell" means any shell that can be fired in a firearm
and expels as projectiles 2 or more metal balls connected by
solid metal wire.
"Flechette shell" means any shell that can be fired in a
firearm and expels 2 or more pieces of fin-stabilized solid
metal wire or 2 or more solid dart-type projectiles.
(b) A person commits a Class X felony when he or she,
knowing that a firearm, as defined in Section 1.1 of the
Firearm Owners Identification Card Act, is loaded with an
armor piercing bullet, dragon's breath shotgun shell, bolo
shell, or flechette shell, intentionally or recklessly
discharges such firearm and such bullet or shell strikes any
other person.
(c) Any person who possesses, concealed on or about his or
her person, an armor piercing bullet, dragon's breath shotgun
shell, bolo shell, or flechette shell and a firearm suitable
for the discharge thereof is guilty of a Class 2 felony.
(d) This Section does not apply to or affect any of the
following:
(1) Peace officers;

SB1754 - 184 - LRB102 14289 RLC 19641 b
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense;
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard while in
the performance of their official duties;
(4) Federal officials required to carry firearms,
while engaged in the performance of their official duties;
(5) United States Marshals, while engaged in the
performance of their official duties.
(Source: P.A. 92-423, eff. 1-1-02.)
(720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
(a) It shall be unlawful for any person who holds a license
to sell at retail any alcoholic liquor issued by the Illinois
Liquor Control Commission or local liquor control commissioner
under the Liquor Control Act of 1934 or an agent or employee of
the licensee to sell or deliver to any other person a firearm
in or on the real property of the establishment where the
licensee is licensed to sell alcoholic liquors unless the sale
or delivery of the firearm is otherwise lawful under this
Article and under the Firearm Owners Identification Card Act.
(b) Sentence. A violation of subsection (a) of this
Section is a Class 4 felony.
(Source: P.A. 87-591.)

SB1754 - 185 - LRB102 14289 RLC 19641 b
(720 ILCS 5/24-3.5)
Sec. 24-3.5. Unlawful purchase of a firearm.
(a) For purposes of this Section, "firearms transaction
record form" means a form:
(1) executed by a transferee of a firearm stating: (i)
the transferee's name and address (including county or
similar political subdivision); (ii) whether the
transferee is a citizen of the United States; (iii) the
transferee's State of residence; and (iv) the date and
place of birth, height, weight, and race of the
transferee; and
(2) on which the transferee certifies that he or she
is not prohibited by federal law from transporting or
shipping a firearm in interstate or foreign commerce or
receiving a firearm that has been shipped or transported
in interstate or foreign commerce or possessing a firearm
in or affecting commerce.
(b) A person commits the offense of unlawful purchase of a
firearm who knowingly purchases or attempts to purchase a
firearm with the intent to deliver that firearm to another
person who is prohibited by federal or State law from
possessing a firearm.
(c) A person commits the offense of unlawful purchase of a
firearm when he or she, in purchasing or attempting to
purchase a firearm, intentionally provides false or misleading

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information on a United States Department of the Treasury,
Bureau of Alcohol, Tobacco and Firearms firearms transaction
record form.
(d) Exemption. It is not a violation of subsection (b) of
this Section for a person to make a gift or loan of a firearm
to a person who is not prohibited by federal or State law from
possessing a firearm if the transfer of the firearm is made in
accordance with Section 3 of the Firearm Owners Identification
Card Act.
(e) Sentence.
(1) A person who commits the offense of unlawful
purchase of a firearm:
(A) is guilty of a Class 2 felony for purchasing or
attempting to purchase one firearm;
(B) is guilty of a Class 1 felony for purchasing or
attempting to purchase not less than 2 firearms and
not more than 5 firearms at the same time or within a
one year period;
(C) is guilty of a Class X felony for which the
offender shall be sentenced to a term of imprisonment
of not less than 9 years and not more than 40 years for
purchasing or attempting to purchase not less than 6
firearms at the same time or within a 2 year period.
(2) In addition to any other penalty that may be
imposed for a violation of this Section, the court may
sentence a person convicted of a violation of subsection

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(c) of this Section to a fine not to exceed $250,000 for
each violation.
(f) A prosecution for unlawful purchase of a firearm may
be commenced within 6 years after the commission of the
offense.
(Source: P.A. 95-882, eff. 1-1-09.)
(720 ILCS 5/24-3B)
Sec. 24-3B. Firearms trafficking.
(a) A person commits firearms trafficking when he or she
is prohibited under federal or State law from possessing a
firearm has not been issued a currently valid Firearm Owner's
Identification Card and knowingly:
(1) brings, or causes to be brought, into this State,
a firearm or firearm ammunition for the purpose of sale,
delivery, or transfer to any other person or with the
intent to sell, deliver, or transfer the firearm or
firearm ammunition to any other person; or
(2) brings, or causes to be brought, into this State,
a firearm and firearm ammunition for the purpose of sale,
delivery, or transfer to any other person or with the
intent to sell, deliver, or transfer the firearm and
firearm ammunition to any other person.
(a-5) (Blank). This Section does not apply to:
(1) a person exempt under Section 2 of the Firearm
Owners Identification Card Act from the requirement of

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having possession of a Firearm Owner's Identification Card
previously issued in his or her name by the Department of
State Police in order to acquire or possess a firearm or
firearm ammunition;
(2) a common carrier under subsection (i) of Section
24-2 of this Code; or
(3) a non-resident who may lawfully possess a firearm
in his or her resident state.
(b) Sentence.
(1) Firearms trafficking is a Class 1 felony for which
the person, if sentenced to a term of imprisonment, shall
be sentenced to not less than 4 years and not more than 20
years.
(2) Firearms trafficking by a person who has been
previously convicted of firearms trafficking, gunrunning,
or a felony offense for the unlawful sale, delivery, or
transfer of a firearm or firearm ammunition in this State
or another jurisdiction is a Class X felony.
(Source: P.A. 99-885, eff. 8-23-16.)
(720 ILCS 5/24-4.1)
Sec. 24-4.1. Report of lost or stolen firearms.
(a) If a person who possesses a valid Firearm Owner's
Identification Card and who possesses or acquires a firearm
thereafter loses the firearm, or if the firearm is stolen from
the person, the person must report the loss or theft to the

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local law enforcement agency within 72 hours after obtaining
knowledge of the loss or theft.
(b) A law enforcement agency having jurisdiction shall
take a written report and shall, as soon as practical, enter
the firearm's serial number as stolen into the Law Enforcement
Agencies Data System (LEADS).
(c) A person shall not be in violation of this Section if:
(1) the failure to report is due to an act of God, act
of war, or inability of a law enforcement agency to
receive the report;
(2) the person is hospitalized, in a coma, or is
otherwise seriously physically or mentally impaired as to
prevent the person from reporting; or
(3) the person's designee makes a report if the person
is unable to make the report.
(d) Sentence. A person who violates this Section is guilty
of a petty offense for a first violation. A second or
subsequent violation of this Section is a Class A misdemeanor.
(Source: P.A. 98-508, eff. 8-19-13.)
(720 ILCS 5/24-4.5 new)
Sec. 24-4.5. Dial up system.
(a) The Illinois State Police shall provide a dial up
telephone system or utilize other existing technology which
shall be used by any federally licensed firearm dealer, gun
show promoter, or gun show vendor who is to transfer a firearm,

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stun gun, or taser under the provisions of this Code. The
Illinois State Police may utilize existing technology which
allows the caller to be charged a fee not to exceed $2. Fees
collected by the Illinois State Police shall be deposited in
the State Police Services Fund and used to provide the
service.
(b) Upon receiving a request from a federally licensed
firearm dealer, gun show promoter, or gun show vendor, the
Illinois State Police shall immediately approve, or within the
time period established by Section 24-3 of this Code regarding
the delivery of firearms, stun guns, and tasers notify the
inquiring dealer, gun show promoter, or gun show vendor of any
objection that would disqualify the transferee from acquiring
or possessing a firearm, stun gun, or taser. In conducting the
inquiry, the Illinois State Police shall initiate and complete
an automated search of its criminal history record information
files and those of the Federal Bureau of Investigation,
including the National Instant Criminal Background Check
System, and of the files of the Department of Human Services
relating to mental health and developmental disabilities to
obtain any felony conviction or patient hospitalization
information which would disqualify a person from obtaining a
firearm.
(c) If receipt of a firearm would not violate Section 24-3
of this Code or federal law, the Illinois State Police shall:
(1) assign a unique identification number to the

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transfer; and
(2) provide the licensee, gun show promoter, or gun
show vendor with the number.
(d) Approvals issued by the Illinois State Police for the
purchase of a firearm are valid for 30 days from the date of
issue.
(e)(1) The Illinois State Police must act as the Illinois
Point of Contact for the National Instant Criminal Background
Check System.
(2) The Illinois State Police and the Department of Human
Services shall, in accordance with State and federal law
regarding confidentiality, enter into a memorandum of
understanding with the Federal Bureau of Investigation for the
purpose of implementing the National Instant Criminal
Background Check System in the State. The Illinois State
Police shall report the name, date of birth, and physical
description of any person prohibited from possessing a firearm
under this Code or 18 U.S.C. 922(g) and (n) to the National
Instant Criminal Background Check System Index, Denied Persons
Files.
(f) The Illinois State Police shall adopt rules not
inconsistent with this Section to implement this system.
(720 ILCS 5/24-9)
Sec. 24-9. Firearms; Child Protection.
(a) Except as provided in subsection (c), it is unlawful

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for any person to store or leave, within premises under his or
her control, a firearm if the person knows or has reason to
believe that a minor under the age of 14 years who does not
have a Firearm Owners Identification Card is likely to gain
access to the firearm without the lawful permission of the
person possessing the firearm, minor's parent, guardian, or
person having charge of the minor, and the minor causes death
or great bodily harm with the firearm, unless the firearm is:
(1) secured by a device or mechanism, other than the
firearm safety, designed to render a firearm temporarily
inoperable; or
(2) placed in a securely locked box or container; or
(3) placed in some other location that a reasonable
person would believe to be secure from a minor under the
age of 14 years.
(b) Sentence. A person who violates this Section is guilty
of a Class C misdemeanor and shall be fined not less than
$1,000. A second or subsequent violation of this Section is a
Class A misdemeanor.
(c) Subsection (a) does not apply:
(1) if the minor under 14 years of age gains access to
a firearm and uses it in a lawful act of self-defense or
defense of another; or
(2) to any firearm obtained by a minor under the age of
14 because of an unlawful entry of the premises by the
minor or another person.

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(d) (Blank). For the purposes of this Section, "firearm"
has the meaning ascribed to it in Section 1.1 of the Firearm
Owners Identification Card Act.
(Source: P.A. 91-18, eff. 1-1-00.)
Section 85. The Methamphetamine Control and Community
Protection Act is amended by changing Section 10 as follows:
(720 ILCS 646/10)
Sec. 10. Definitions. As used in this Act:
"Anhydrous ammonia" has the meaning provided in subsection
(d) of Section 3 of the Illinois Fertilizer Act of 1961.
"Anhydrous ammonia equipment" means all items used to
store, hold, contain, handle, transfer, transport, or apply
anhydrous ammonia for lawful purposes.
"Booby trap" means any device designed to cause physical
injury when triggered by an act of a person approaching,
entering, or moving through a structure, a vehicle, or any
location where methamphetamine has been manufactured, is being
manufactured, or is intended to be manufactured.
"Deliver" or "delivery" has the meaning provided in
subsection (h) of Section 102 of the Illinois Controlled
Substances Act.
"Director" means the Director of State Police or the
Director's designated agents.
"Dispose" or "disposal" means to abandon, discharge,

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release, deposit, inject, dump, spill, leak, or place
methamphetamine waste onto or into any land, water, or well of
any type so that the waste has the potential to enter the
environment, be emitted into the air, or be discharged into
the soil or any waters, including groundwater.
"Emergency response" means the act of collecting evidence
from or securing a methamphetamine laboratory site,
methamphetamine waste site or other methamphetamine-related
site and cleaning up the site, whether these actions are
performed by public entities or private contractors paid by
public entities.
"Emergency service provider" means a local, State, or
federal peace officer, firefighter, emergency medical
technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, or other medical or
first aid personnel rendering aid, or any agent or designee of
the foregoing.
"Finished methamphetamine" means methamphetamine in a form
commonly used for personal consumption.
"Firearm" has the meaning provided in Section 2-7.5 of the
Criminal Code of 2012 1.1 of the Firearm Owners Identification
Card Act.
"Manufacture" means to produce, prepare, compound,
convert, process, synthesize, concentrate, purify, separate,
extract, or package any methamphetamine, methamphetamine

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precursor, methamphetamine manufacturing catalyst,
methamphetamine manufacturing reagent, methamphetamine
manufacturing solvent, or any substance containing any of the
foregoing.
"Methamphetamine" means the chemical methamphetamine (a
Schedule II controlled substance under the Illinois Controlled
Substances Act) or any salt, optical isomer, salt of optical
isomer, or analog thereof, with the exception of
3,4-Methylenedioxymethamphetamine (MDMA) or any other
scheduled substance with a separate listing under the Illinois
Controlled Substances Act.
"Methamphetamine manufacturing catalyst" means any
substance that has been used, is being used, or is intended to
be used to activate, accelerate, extend, or improve a chemical
reaction involved in the manufacture of methamphetamine.
"Methamphetamine manufacturing environment" means a
structure or vehicle in which:
(1) methamphetamine is being or has been manufactured;
(2) chemicals that are being used, have been used, or
are intended to be used to manufacture methamphetamine are
stored;
(3) methamphetamine manufacturing materials that have
been used to manufacture methamphetamine are stored; or
(4) methamphetamine manufacturing waste is stored.
"Methamphetamine manufacturing material" means any
methamphetamine precursor, substance containing any

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methamphetamine precursor, methamphetamine manufacturing
catalyst, substance containing any methamphetamine
manufacturing catalyst, methamphetamine manufacturing
reagent, substance containing any methamphetamine
manufacturing reagent, methamphetamine manufacturing solvent,
substance containing any methamphetamine manufacturing
solvent, or any other chemical, substance, ingredient,
equipment, apparatus, or item that is being used, has been
used, or is intended to be used in the manufacture of
methamphetamine.
"Methamphetamine manufacturing reagent" means any
substance other than a methamphetamine manufacturing catalyst
that has been used, is being used, or is intended to be used to
react with and chemically alter any methamphetamine precursor.
"Methamphetamine manufacturing solvent" means any
substance that has been used, is being used, or is intended to
be used as a medium in which any methamphetamine precursor,
methamphetamine manufacturing catalyst, methamphetamine
manufacturing reagent, or any substance containing any of the
foregoing is dissolved, diluted, or washed during any part of
the methamphetamine manufacturing process.
"Methamphetamine manufacturing waste" means any chemical,
substance, ingredient, equipment, apparatus, or item that is
left over from, results from, or is produced by the process of
manufacturing methamphetamine, other than finished
methamphetamine.

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"Methamphetamine precursor" means ephedrine,
pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
isomer, or salt of an optical isomer of any of these chemicals.
"Multi-unit dwelling" means a unified structure used or
intended for use as a habitation, home, or residence that
contains 2 or more condominiums, apartments, hotel rooms,
motel rooms, or other living units.
"Package" means an item marked for retail sale that is not
designed to be further broken down or subdivided for the
purpose of retail sale.
"Participate" or "participation" in the manufacture of
methamphetamine means to produce, prepare, compound, convert,
process, synthesize, concentrate, purify, separate, extract,
or package any methamphetamine, methamphetamine precursor,
methamphetamine manufacturing catalyst, methamphetamine
manufacturing reagent, methamphetamine manufacturing solvent,
or any substance containing any of the foregoing, or to assist
in any of these actions, or to attempt to take any of these
actions, regardless of whether this action or these actions
result in the production of finished methamphetamine.
"Person with a disability" means a person who suffers from
a permanent physical or mental impairment resulting from
disease, injury, functional disorder, or congenital condition
which renders the person incapable of adequately providing for
his or her own health and personal care.

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"Procure" means to purchase, steal, gather, or otherwise
obtain, by legal or illegal means, or to cause another to take
such action.
"Second or subsequent offense" means an offense under this
Act committed by an offender who previously committed an
offense under this Act, the Illinois Controlled Substances
Act, the Cannabis Control Act, or another Act of this State,
another state, or the United States relating to
methamphetamine, cannabis, or any other controlled substance.
"Standard dosage form", as used in relation to any
methamphetamine precursor, means that the methamphetamine
precursor is contained in a pill, tablet, capsule, caplet, gel
cap, or liquid cap that has been manufactured by a lawful
entity and contains a standard quantity of methamphetamine
precursor.
"Unauthorized container", as used in relation to anhydrous
ammonia, means any container that is not designed for the
specific and sole purpose of holding, storing, transporting,
or applying anhydrous ammonia. "Unauthorized container"
includes, but is not limited to, any propane tank, fire
extinguisher, oxygen cylinder, gasoline can, food or beverage
cooler, or compressed gas cylinder used in dispensing fountain
drinks. "Unauthorized container" does not encompass anhydrous
ammonia manufacturing plants, refrigeration systems where
anhydrous ammonia is used solely as a refrigerant, anhydrous
ammonia transportation pipelines, anhydrous ammonia tankers,

SB1754 - 199 - LRB102 14289 RLC 19641 b
or anhydrous ammonia barges.
(Source: P.A. 97-434, eff. 1-1-12.)
Section 90. The Code of Criminal Procedure of 1963 is
amended by changing Sections 102-7.1, 110-10, 112A-11.1,
112A-11.2, 112A-14, and 112A-14.7 as follows:
(725 ILCS 5/102-7.1)
Sec. 102-7.1. "Category A offense". "Category A offense"
means a Class 1 felony, Class 2 felony, Class X felony, first
degree murder, a violation of Section 11-204 of the Illinois
Vehicle Code, a second or subsequent violation of Section
11-501 of the Illinois Vehicle Code, a violation of subsection
(d) of Section 11-501 of the Illinois Vehicle Code, a
violation of Section 11-401 of the Illinois Vehicle Code if
the accident results in injury and the person failed to report
the accident within 30 minutes, a violation of Section 9-3,
9-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5,
11-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5,
12-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5,
24-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a
second or subsequent violation of 12-3.2 or 12-3.4 of the
Criminal Code of 2012, a violation of paragraph (5) or (6) of
subsection (b) of Section 10-9 of the Criminal Code of 2012, a
violation of subsection (b) or (c) or paragraph (1) or (2) of
subsection (a) of Section 11-1.50 of the Criminal Code of

SB1754 - 200 - LRB102 14289 RLC 19641 b
2012, a violation of Section 12-7 of the Criminal Code of 2012
if the defendant inflicts bodily harm on the victim to obtain a
confession, statement, or information, a violation of Section
12-7.5 of the Criminal Code of 2012 if the action results in
bodily harm, a violation of paragraph (3) of subsection (b) of
Section 17-2 of the Criminal Code of 2012, a violation of
subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of
2012, a violation of paragraph (6) of subsection (a) of
Section 24-1 of the Criminal Code of 2012, a first violation of
Section 24-1.6 of the Criminal Code of 2012 by a person 18
years of age or older where the factors listed in both items
(A) and (C) or both items (A-5) and (C) of paragraph (3) of
subsection (a) of Section 24-1.6 of the Criminal Code of 2012
are present, a Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act committed before the effective date of
this amendatory Act of the 102nd General Assembly, or a
violation of Section 10 of the Sex Offender Registration Act.
(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
Sec. 110-10. Conditions of bail bond.
(a) If a person is released prior to conviction, either
upon payment of bail security or on his or her own
recognizance, the conditions of the bail bond shall be that he
or she will:

SB1754 - 201 - LRB102 14289 RLC 19641 b
(1) Appear to answer the charge in the court having
jurisdiction on a day certain and thereafter as ordered by
the court until discharged or final order of the court;
(2) Submit himself or herself to the orders and
process of the court;
(3) Not depart this State without leave of the court;
(4) Not violate any criminal statute of any
jurisdiction;
(5) At a time and place designated by the court,
surrender all firearms in his or her possession to a law
enforcement officer designated by the court to take
custody of and impound the firearms and physically
surrender his or her Firearm Owner's Identification Card
to the clerk of the circuit court when the offense the
person has been charged with is a forcible felony,
stalking, aggravated stalking, domestic battery, any
violation of the Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act, or
the Cannabis Control Act that is classified as a Class 2 or
greater felony, or any felony violation of Article 24 of
the Criminal Code of 1961 or the Criminal Code of 2012; the
court may, however, forgo the imposition of this condition
when the circumstances of the case clearly do not warrant
it or when its imposition would be impractical; if the
Firearm Owner's Identification Card is confiscated, the
clerk of the circuit court shall mail the confiscated card

SB1754 - 202 - LRB102 14289 RLC 19641 b
to the Illinois State Police; all legally possessed
firearms shall be returned to the person upon the charges
being dismissed, or if the person is found not guilty,
unless the finding of not guilty is by reason of insanity;
and
(6) At a time and place designated by the court,
submit to a psychological evaluation when the person has
been charged with a violation of item (4) of subsection
(a) of Section 24-1 of the Criminal Code of 1961 or the
Criminal Code of 2012 and that violation occurred in a
school or in any conveyance owned, leased, or contracted
by a school to transport students to or from school or a
school-related activity, or on any public way within 1,000
feet of real property comprising any school.
Psychological evaluations ordered pursuant to this Section
shall be completed promptly and made available to the State,
the defendant, and the court. As a further condition of bail
under these circumstances, the court shall order the defendant
to refrain from entering upon the property of the school,
including any conveyance owned, leased, or contracted by a
school to transport students to or from school or a
school-related activity, or on any public way within 1,000
feet of real property comprising any school. Upon receipt of
the psychological evaluation, either the State or the
defendant may request a change in the conditions of bail,
pursuant to Section 110-6 of this Code. The court may change

SB1754 - 203 - LRB102 14289 RLC 19641 b
the conditions of bail to include a requirement that the
defendant follow the recommendations of the psychological
evaluation, including undergoing psychiatric treatment. The
conclusions of the psychological evaluation and any statements
elicited from the defendant during its administration are not
admissible as evidence of guilt during the course of any trial
on the charged offense, unless the defendant places his or her
mental competency in issue.
(b) The court may impose other conditions, such as the
following, if the court finds that such conditions are
reasonably necessary to assure the defendant's appearance in
court, protect the public from the defendant, or prevent the
defendant's unlawful interference with the orderly
administration of justice:
(1) Report to or appear in person before such person
or agency as the court may direct;
(2) Refrain from possessing a firearm or other
dangerous weapon;
(3) Refrain from approaching or communicating with
particular persons or classes of persons;
(4) Refrain from going to certain described
geographical areas or premises;
(5) Refrain from engaging in certain activities or
indulging in intoxicating liquors or in certain drugs;
(6) Undergo treatment for drug addiction or
alcoholism;

SB1754 - 204 - LRB102 14289 RLC 19641 b
(7) Undergo medical or psychiatric treatment;
(8) Work or pursue a course of study or vocational
training;
(9) Attend or reside in a facility designated by the
court;
(10) Support his or her dependents;
(11) If a minor resides with his or her parents or in a
foster home, attend school, attend a non-residential
program for youths, and contribute to his or her own
support at home or in a foster home;
(12) Observe any curfew ordered by the court;
(13) Remain in the custody of such designated person
or organization agreeing to supervise his release. Such
third party custodian shall be responsible for notifying
the court if the defendant fails to observe the conditions
of release which the custodian has agreed to monitor, and
shall be subject to contempt of court for failure so to
notify the court;
(14) Be placed under direct supervision of the
Pretrial Services Agency, Probation Department or Court
Services Department in a pretrial bond home supervision
capacity with or without the use of an approved electronic
monitoring device subject to Article 8A of Chapter V of
the Unified Code of Corrections;
(14.1) The court shall impose upon a defendant who is
charged with any alcohol, cannabis, methamphetamine, or

SB1754 - 205 - LRB102 14289 RLC 19641 b
controlled substance violation and is placed under direct
supervision of the Pretrial Services Agency, Probation
Department or Court Services Department in a pretrial bond
home supervision capacity with the use of an approved
monitoring device, as a condition of such bail bond, a fee
that represents costs incidental to the electronic
monitoring for each day of such bail supervision ordered
by the court, unless after determining the inability of
the defendant to pay the fee, the court assesses a lesser
fee or no fee as the case may be. The fee shall be
collected by the clerk of the circuit court, except as
provided in an administrative order of the Chief Judge of
the circuit court. The clerk of the circuit court shall
pay all monies collected from this fee to the county
treasurer for deposit in the substance abuse services fund
under Section 5-1086.1 of the Counties Code, except as
provided in an administrative order of the Chief Judge of
the circuit court.
The Chief Judge of the circuit court of the county may
by administrative order establish a program for electronic
monitoring of offenders with regard to drug-related and
alcohol-related offenses, in which a vendor supplies and
monitors the operation of the electronic monitoring
device, and collects the fees on behalf of the county. The
program shall include provisions for indigent offenders
and the collection of unpaid fees. The program shall not

SB1754 - 206 - LRB102 14289 RLC 19641 b
unduly burden the offender and shall be subject to review
by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device;
(14.2) The court shall impose upon all defendants,
including those defendants subject to paragraph (14.1)
above, placed under direct supervision of the Pretrial
Services Agency, Probation Department or Court Services
Department in a pretrial bond home supervision capacity
with the use of an approved monitoring device, as a
condition of such bail bond, a fee which shall represent
costs incidental to such electronic monitoring for each
day of such bail supervision ordered by the court, unless
after determining the inability of the defendant to pay
the fee, the court assesses a lesser fee or no fee as the
case may be. The fee shall be collected by the clerk of the
circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The clerk of
the circuit court shall pay all monies collected from this
fee to the county treasurer who shall use the monies
collected to defray the costs of corrections. The county
treasurer shall deposit the fee collected in the county
working cash fund under Section 6-27001 or Section 6-29002
of the Counties Code, as the case may be, except as
provided in an administrative order of the Chief Judge of

SB1754 - 207 - LRB102 14289 RLC 19641 b
the circuit court.
The Chief Judge of the circuit court of the county may
by administrative order establish a program for electronic
monitoring of offenders with regard to drug-related and
alcohol-related offenses, in which a vendor supplies and
monitors the operation of the electronic monitoring
device, and collects the fees on behalf of the county. The
program shall include provisions for indigent offenders
and the collection of unpaid fees. The program shall not
unduly burden the offender and shall be subject to review
by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device;
(14.3) The Chief Judge of the Judicial Circuit may
establish reasonable fees to be paid by a person receiving
pretrial services while under supervision of a pretrial
services agency, probation department, or court services
department. Reasonable fees may be charged for pretrial
services including, but not limited to, pretrial
supervision, diversion programs, electronic monitoring,
victim impact services, drug and alcohol testing, DNA
testing, GPS electronic monitoring, assessments and
evaluations related to domestic violence and other
victims, and victim mediation services. The person
receiving pretrial services may be ordered to pay all

SB1754 - 208 - LRB102 14289 RLC 19641 b
costs incidental to pretrial services in accordance with
his or her ability to pay those costs;
(14.4) For persons charged with violating Section
11-501 of the Illinois Vehicle Code, refrain from
operating a motor vehicle not equipped with an ignition
interlock device, as defined in Section 1-129.1 of the
Illinois Vehicle Code, pursuant to the rules promulgated
by the Secretary of State for the installation of ignition
interlock devices. Under this condition the court may
allow a defendant who is not self-employed to operate a
vehicle owned by the defendant's employer that is not
equipped with an ignition interlock device in the course
and scope of the defendant's employment;
(15) Comply with the terms and conditions of an order
of protection issued by the court under the Illinois
Domestic Violence Act of 1986 or an order of protection
issued by the court of another state, tribe, or United
States territory;
(16) Under Section 110-6.5 comply with the conditions
of the drug testing program; and
(17) Such other reasonable conditions as the court may
impose.
(c) When a person is charged with an offense under Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, involving a victim who is a minor under

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18 years of age living in the same household with the defendant
at the time of the offense, in granting bail or releasing the
defendant on his own recognizance, the judge shall impose
conditions to restrict the defendant's access to the victim
which may include, but are not limited to conditions that he
will:
1. Vacate the household.
2. Make payment of temporary support to his
dependents.
3. Refrain from contact or communication with the
child victim, except as ordered by the court.
(d) When a person is charged with a criminal offense and
the victim is a family or household member as defined in
Article 112A, conditions shall be imposed at the time of the
defendant's release on bond that restrict the defendant's
access to the victim. Unless provided otherwise by the court,
the restrictions shall include requirements that the defendant
do the following:
(1) refrain from contact or communication with the
victim for a minimum period of 72 hours following the
defendant's release; and
(2) refrain from entering or remaining at the victim's
residence for a minimum period of 72 hours following the
defendant's release.
(e) Local law enforcement agencies shall develop
standardized bond forms for use in cases involving family or

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household members as defined in Article 112A, including
specific conditions of bond as provided in subsection (d).
Failure of any law enforcement department to develop or use
those forms shall in no way limit the applicability and
enforcement of subsections (d) and (f).
(f) If the defendant is admitted to bail after conviction
the conditions of the bail bond shall be that he will, in
addition to the conditions set forth in subsections (a) and
(b) hereof:
(1) Duly prosecute his appeal;
(2) Appear at such time and place as the court may
direct;
(3) Not depart this State without leave of the court;
(4) Comply with such other reasonable conditions as
the court may impose; and
(5) If the judgment is affirmed or the cause reversed
and remanded for a new trial, forthwith surrender to the
officer from whose custody he was bailed.
(g) Upon a finding of guilty for any felony offense, the
defendant shall physically surrender, at a time and place
designated by the court, any and all firearms in his or her
possession and his or her Firearm Owner's Identification Card
as a condition of remaining on bond pending sentencing.
(h) In the event the defendant is unable to post bond, the
court may impose a no contact provision with the victim or
other interested party that shall be enforced while the

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defendant remains in custody.
(Source: P.A. 101-138, eff. 1-1-20.)
(725 ILCS 5/112A-11.1)
Sec. 112A-11.1. Procedure for determining whether certain
misdemeanor crimes are crimes of domestic violence for
purposes of federal law.
(a) When a defendant has been charged with a violation of
Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
Criminal Code of 1961 or the Criminal Code of 2012, the State
may, at arraignment or no later than 45 days after
arraignment, for the purpose of notification to the Department
of State Police Firearm Owner's Identification Card Office,
serve on the defendant and file with the court a notice
alleging that conviction of the offense would subject the
defendant to the prohibitions of 18 U.S.C. 922(g)(9) because
of the relationship between the defendant and the alleged
victim and the nature of the alleged offense.
(b) The notice shall include the name of the person
alleged to be the victim of the crime and shall specify the
nature of the alleged relationship as set forth in 18 U.S.C.
921(a)(33)(A)(ii). It shall also specify the element of the
charged offense which requires the use or attempted use of
physical force, or the threatened use of a deadly weapon, as
set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
notice that the defendant is entitled to a hearing on the

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allegation contained in the notice and that if the allegation
is sustained, that determination and conviction shall be
reported to the Department of State Police Firearm Owner's
Identification Card Office.
(c) After having been notified as provided in subsection
(b) of this Section, the defendant may stipulate or admit,
orally on the record or in writing, that conviction of the
offense would subject the defendant to the prohibitions of 18
U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
922(g)(9) shall be deemed established for purposes of Section
112A-11.2. If the defendant denies the applicability of 18
U.S.C. 922(g)(9) as alleged in the notice served by the State,
or stands mute with respect to that allegation, then the State
shall bear the burden to prove beyond a reasonable doubt that
the offense is one to which the prohibitions of 18 U.S.C.
922(g)(9) apply. The court may consider reliable hearsay
evidence submitted by either party provided that it is
relevant to the determination of the allegation. Facts
previously proven at trial or elicited at the time of entry of
a plea of guilty shall be deemed established beyond a
reasonable doubt and shall not be relitigated. At the
conclusion of the hearing, or upon a stipulation or admission,
as applicable, the court shall make a specific written
determination with respect to the allegation.
(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)

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(725 ILCS 5/112A-11.2)
Sec. 112A-11.2. Notification to the Department of State
Police Firearm Owner's Identification Card Office of
determinations in certain misdemeanor cases. Upon judgment of
conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
Code of 2012 when the defendant has been determined, under
Section 112A-11.1, to be subject to the prohibitions of 18
U.S.C. 922(g)(9), the circuit court clerk shall include
notification and a copy of the written determination in a
report of the conviction to the Department of State Police
Firearm Owner's Identification Card Office to enable the
office to report that determination to the Federal Bureau of
Investigation and assist the Bureau in identifying persons
prohibited from purchasing and possessing a firearm pursuant
to the provisions of 18 U.S.C. 922.
(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
Sec. 112A-14. Domestic violence order of protection;
remedies.
(a) (Blank).
(b) The court may order any of the remedies listed in this
subsection (b). The remedies listed in this subsection (b)
shall be in addition to other civil or criminal remedies
available to petitioner.

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(1) Prohibition of abuse. Prohibit respondent's
harassment, interference with personal liberty,
intimidation of a dependent, physical abuse, or willful
deprivation, as defined in this Article, if such abuse has
occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence.
Prohibit respondent from entering or remaining in any
residence, household, or premises of the petitioner,
including one owned or leased by respondent, if petitioner
has a right to occupancy thereof. The grant of exclusive
possession of the residence, household, or premises shall
not affect title to real property, nor shall the court be
limited by the standard set forth in subsection (c-2) of
Section 501 of the Illinois Marriage and Dissolution of
Marriage Act.
(A) Right to occupancy. A party has a right to
occupancy of a residence or household if it is solely
or jointly owned or leased by that party, that party's
spouse, a person with a legal duty to support that
party or a minor child in that party's care, or by any
person or entity other than the opposing party that
authorizes that party's occupancy (e.g., a domestic
violence shelter). Standards set forth in subparagraph
(B) shall not preclude equitable relief.
(B) Presumption of hardships. If petitioner and

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respondent each has the right to occupancy of a
residence or household, the court shall balance (i)
the hardships to respondent and any minor child or
dependent adult in respondent's care resulting from
entry of this remedy with (ii) the hardships to
petitioner and any minor child or dependent adult in
petitioner's care resulting from continued exposure to
the risk of abuse (should petitioner remain at the
residence or household) or from loss of possession of
the residence or household (should petitioner leave to
avoid the risk of abuse). When determining the balance
of hardships, the court shall also take into account
the accessibility of the residence or household.
Hardships need not be balanced if respondent does not
have a right to occupancy.
The balance of hardships is presumed to favor
possession by petitioner unless the presumption is
rebutted by a preponderance of the evidence, showing
that the hardships to respondent substantially
outweigh the hardships to petitioner and any minor
child or dependent adult in petitioner's care. The
court, on the request of petitioner or on its own
motion, may order respondent to provide suitable,
accessible, alternate housing for petitioner instead
of excluding respondent from a mutual residence or
household.

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(3) Stay away order and additional prohibitions. Order
respondent to stay away from petitioner or any other
person protected by the domestic violence order of
protection, or prohibit respondent from entering or
remaining present at petitioner's school, place of
employment, or other specified places at times when
petitioner is present, or both, if reasonable, given the
balance of hardships. Hardships need not be balanced for
the court to enter a stay away order or prohibit entry if
respondent has no right to enter the premises.
(A) If a domestic violence order of protection
grants petitioner exclusive possession of the
residence, prohibits respondent from entering the
residence, or orders respondent to stay away from
petitioner or other protected persons, then the court
may allow respondent access to the residence to remove
items of clothing and personal adornment used
exclusively by respondent, medications, and other
items as the court directs. The right to access shall
be exercised on only one occasion as the court directs
and in the presence of an agreed-upon adult third
party or law enforcement officer.
(B) When the petitioner and the respondent attend
the same public, private, or non-public elementary,
middle, or high school, the court when issuing a
domestic violence order of protection and providing

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relief shall consider the severity of the act, any
continuing physical danger or emotional distress to
the petitioner, the educational rights guaranteed to
the petitioner and respondent under federal and State
law, the availability of a transfer of the respondent
to another school, a change of placement or a change of
program of the respondent, the expense, difficulty,
and educational disruption that would be caused by a
transfer of the respondent to another school, and any
other relevant facts of the case. The court may order
that the respondent not attend the public, private, or
non-public elementary, middle, or high school attended
by the petitioner, order that the respondent accept a
change of placement or change of program, as
determined by the school district or private or
non-public school, or place restrictions on the
respondent's movements within the school attended by
the petitioner. The respondent bears the burden of
proving by a preponderance of the evidence that a
transfer, change of placement, or change of program of
the respondent is not available. The respondent also
bears the burden of production with respect to the
expense, difficulty, and educational disruption that
would be caused by a transfer of the respondent to
another school. A transfer, change of placement, or
change of program is not unavailable to the respondent

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solely on the ground that the respondent does not
agree with the school district's or private or
non-public school's transfer, change of placement, or
change of program or solely on the ground that the
respondent fails or refuses to consent or otherwise
does not take an action required to effectuate a
transfer, change of placement, or change of program.
When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to
another attendance center within the respondent's
school district or private or non-public school, the
school district or private or non-public school shall
have sole discretion to determine the attendance
center to which the respondent is transferred. If the
court order results in a transfer of the minor
respondent to another attendance center, a change in
the respondent's placement, or a change of the
respondent's program, the parents, guardian, or legal
custodian of the respondent is responsible for
transportation and other costs associated with the
transfer or change.
(C) The court may order the parents, guardian, or
legal custodian of a minor respondent to take certain
actions or to refrain from taking certain actions to
ensure that the respondent complies with the order. If

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the court orders a transfer of the respondent to
another school, the parents, guardian, or legal
custodian of the respondent is responsible for
transportation and other costs associated with the
change of school by the respondent.
(4) Counseling. Require or recommend the respondent to
undergo counseling for a specified duration with a social
worker, psychologist, clinical psychologist,
psychiatrist, family service agency, alcohol or substance
abuse program, mental health center guidance counselor,
agency providing services to elders, program designed for
domestic violence abusers, or any other guidance service
the court deems appropriate. The court may order the
respondent in any intimate partner relationship to report
to an Illinois Department of Human Services protocol
approved partner abuse intervention program for an
assessment and to follow all recommended treatment.
(5) Physical care and possession of the minor child.
In order to protect the minor child from abuse, neglect,
or unwarranted separation from the person who has been the
minor child's primary caretaker, or to otherwise protect
the well-being of the minor child, the court may do either
or both of the following: (i) grant petitioner physical
care or possession of the minor child, or both, or (ii)
order respondent to return a minor child to, or not remove
a minor child from, the physical care of a parent or person

SB1754 - 220 - LRB102 14289 RLC 19641 b
in loco parentis.
If the respondent is charged with abuse (as defined in
Section 112A-3 of this Code) of a minor child, there shall
be a rebuttable presumption that awarding physical care to
respondent would not be in the minor child's best
interest.
(6) Temporary allocation of parental responsibilities
and significant decision-making responsibilities. Award
temporary significant decision-making responsibility to
petitioner in accordance with this Section, the Illinois
Marriage and Dissolution of Marriage Act, the Illinois
Parentage Act of 2015, and this State's Uniform
Child-Custody Jurisdiction and Enforcement Act.
If the respondent is charged with abuse (as defined in
Section 112A-3 of this Code) of a minor child, there shall
be a rebuttable presumption that awarding temporary
significant decision-making responsibility to respondent
would not be in the child's best interest.
(7) Parenting time. Determine the parenting time, if
any, of respondent in any case in which the court awards
physical care or temporary significant decision-making
responsibility of a minor child to petitioner. The court
shall restrict or deny respondent's parenting time with a
minor child if the court finds that respondent has done or
is likely to do any of the following:
(i) abuse or endanger the minor child during

SB1754 - 221 - LRB102 14289 RLC 19641 b
parenting time;
(ii) use the parenting time as an opportunity to
abuse or harass petitioner or petitioner's family or
household members;
(iii) improperly conceal or detain the minor
child; or
(iv) otherwise act in a manner that is not in the
best interests of the minor child.
The court shall not be limited by the standards set
forth in Section 603.10 of the Illinois Marriage and
Dissolution of Marriage Act. If the court grants parenting
time, the order shall specify dates and times for the
parenting time to take place or other specific parameters
or conditions that are appropriate. No order for parenting
time shall refer merely to the term "reasonable parenting
time". Petitioner may deny respondent access to the minor
child if, when respondent arrives for parenting time,
respondent is under the influence of drugs or alcohol and
constitutes a threat to the safety and well-being of
petitioner or petitioner's minor children or is behaving
in a violent or abusive manner. If necessary to protect
any member of petitioner's family or household from future
abuse, respondent shall be prohibited from coming to
petitioner's residence to meet the minor child for
parenting time, and the petitioner and respondent shall
submit to the court their recommendations for reasonable

SB1754 - 222 - LRB102 14289 RLC 19641 b
alternative arrangements for parenting time. A person may
be approved to supervise parenting time only after filing
an affidavit accepting that responsibility and
acknowledging accountability to the court.
(8) Removal or concealment of minor child. Prohibit
respondent from removing a minor child from the State or
concealing the child within the State.
(9) Order to appear. Order the respondent to appear in
court, alone or with a minor child, to prevent abuse,
neglect, removal or concealment of the child, to return
the child to the custody or care of the petitioner, or to
permit any court-ordered interview or examination of the
child or the respondent.
(10) Possession of personal property. Grant petitioner
exclusive possession of personal property and, if
respondent has possession or control, direct respondent to
promptly make it available to petitioner, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the petitioner and respondent own the
property jointly; sharing it would risk abuse of
petitioner by respondent or is impracticable; and the
balance of hardships favors temporary possession by
petitioner.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may

SB1754 - 223 - LRB102 14289 RLC 19641 b
award petitioner temporary possession thereof under the
standards of subparagraph (ii) of this paragraph only if a
proper proceeding has been filed under the Illinois
Marriage and Dissolution of Marriage Act, as now or
hereafter amended.
No order under this provision shall affect title to
property.
(11) Protection of property. Forbid the respondent
from taking, transferring, encumbering, concealing,
damaging, or otherwise disposing of any real or personal
property, except as explicitly authorized by the court,
if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the petitioner and respondent own the
property jointly, and the balance of hardships favors
granting this remedy.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
grant petitioner relief under subparagraph (ii) of this
paragraph only if a proper proceeding has been filed under
the Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or

SB1754 - 224 - LRB102 14289 RLC 19641 b
advantage of respondent or of any other person.
(11.5) Protection of animals. Grant the petitioner the
exclusive care, custody, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner
or the respondent or a minor child residing in the
residence or household of either the petitioner or the
respondent and order the respondent to stay away from the
animal and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or
otherwise disposing of the animal.
(12) Order for payment of support. Order respondent to
pay temporary support for the petitioner or any child in
the petitioner's care or over whom the petitioner has been
allocated parental responsibility, when the respondent has
a legal obligation to support that person, in accordance
with the Illinois Marriage and Dissolution of Marriage
Act, which shall govern, among other matters, the amount
of support, payment through the clerk and withholding of
income to secure payment. An order for child support may
be granted to a petitioner with lawful physical care of a
child, or an order or agreement for physical care of a
child, prior to entry of an order allocating significant
decision-making responsibility. Such a support order shall
expire upon entry of a valid order allocating parental
responsibility differently and vacating petitioner's
significant decision-making responsibility unless

SB1754 - 225 - LRB102 14289 RLC 19641 b
otherwise provided in the order.
(13) Order for payment of losses. Order respondent to
pay petitioner for losses suffered as a direct result of
the abuse. Such losses shall include, but not be limited
to, medical expenses, lost earnings or other support,
repair or replacement of property damaged or taken,
reasonable attorney's fees, court costs, and moving or
other travel expenses, including additional reasonable
expenses for temporary shelter and restaurant meals.
(i) Losses affecting family needs. If a party is
entitled to seek maintenance, child support, or
property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended, the court may order
respondent to reimburse petitioner's actual losses, to
the extent that such reimbursement would be
"appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child, the
court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search for
and recovery of the minor child, including, but not
limited to, legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent

SB1754 - 226 - LRB102 14289 RLC 19641 b
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and
well-being of the petitioner or the petitioner's children.
(14.5) Prohibition of firearm possession.
(A) A person who is subject to an existing
domestic violence order of protection issued under
this Code may not lawfully possess firearms, stun
guns, or tasers weapons under Section 8.2 of the
Firearm Owners Identification Card Act.
(B) Any firearms in the possession of the
respondent, except as provided in subparagraph (C) of
this paragraph (14.5), shall be ordered by the court
to be turned over to a person who is not prohibited
under State or federal law from possessing firearms
with a valid Firearm Owner's Identification Card for
safekeeping. The court shall issue an order that the
respondent's Firearm Owner's Identification Card be
turned over to the local law enforcement agency, which
in turn shall immediately mail the card to the
Department of State Police Firearm Owner's
Identification Card Office for safekeeping. The period
of safekeeping shall be for the duration of the
domestic violence order of protection. The firearm or
firearms and Firearm Owner's Identification Card, if
unexpired, shall at the respondent's request be

SB1754 - 227 - LRB102 14289 RLC 19641 b
returned to the respondent at expiration of the
domestic violence order of protection.
(C) If the respondent is a peace officer as
defined in Section 2-13 of the Criminal Code of 2012,
the court shall order that any firearms used by the
respondent in the performance of his or her duties as a
peace officer be surrendered to the chief law
enforcement executive of the agency in which the
respondent is employed, who shall retain the firearms
for safekeeping for the duration of the domestic
violence order of protection.
(D) Upon expiration of the period of safekeeping,
if the firearms or Firearm Owner's Identification Card
cannot be returned to respondent because respondent
cannot be located, fails to respond to requests to
retrieve the firearms, or is not lawfully eligible to
possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the
firearms for training purposes, or for any other
application as deemed appropriate by the local law
enforcement agency; or that the firearms be turned
over to a third party who is lawfully eligible to
possess firearms, and who does not reside with
respondent.
(15) Prohibition of access to records. If a domestic

SB1754 - 228 - LRB102 14289 RLC 19641 b
violence order of protection prohibits respondent from
having contact with the minor child, or if petitioner's
address is omitted under subsection (b) of Section 112A-5
of this Code, or if necessary to prevent abuse or wrongful
removal or concealment of a minor child, the order shall
deny respondent access to, and prohibit respondent from
inspecting, obtaining, or attempting to inspect or obtain,
school or any other records of the minor child who is in
the care of petitioner.
(16) Order for payment of shelter services. Order
respondent to reimburse a shelter providing temporary
housing and counseling services to the petitioner for the
cost of the services, as certified by the shelter and
deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive
relief necessary or appropriate to prevent further abuse
of a family or household member or to effectuate one of the
granted remedies, if supported by the balance of
hardships. If the harm to be prevented by the injunction
is abuse or any other harm that one of the remedies listed
in paragraphs (1) through (16) of this subsection is
designed to prevent, no further evidence is necessary to
establish that the harm is an irreparable injury.
(18) Telephone services.
(A) Unless a condition described in subparagraph
(B) of this paragraph exists, the court may, upon

SB1754 - 229 - LRB102 14289 RLC 19641 b
request by the petitioner, order a wireless telephone
service provider to transfer to the petitioner the
right to continue to use a telephone number or numbers
indicated by the petitioner and the financial
responsibility associated with the number or numbers,
as set forth in subparagraph (C) of this paragraph. In
this paragraph (18), the term "wireless telephone
service provider" means a provider of commercial
mobile service as defined in 47 U.S.C. 332. The
petitioner may request the transfer of each telephone
number that the petitioner, or a minor child in his or
her custody, uses. The clerk of the court shall serve
the order on the wireless telephone service provider's
agent for service of process provided to the Illinois
Commerce Commission. The order shall contain all of
the following:
(i) The name and billing telephone number of
the account holder including the name of the
wireless telephone service provider that serves
the account.
(ii) Each telephone number that will be
transferred.
(iii) A statement that the provider transfers
to the petitioner all financial responsibility for
and right to the use of any telephone number
transferred under this paragraph.

SB1754 - 230 - LRB102 14289 RLC 19641 b
(B) A wireless telephone service provider shall
terminate the respondent's use of, and shall transfer
to the petitioner use of, the telephone number or
numbers indicated in subparagraph (A) of this
paragraph unless it notifies the petitioner, within 72
hours after it receives the order, that one of the
following applies:
(i) The account holder named in the order has
terminated the account.
(ii) A difference in network technology would
prevent or impair the functionality of a device on
a network if the transfer occurs.
(iii) The transfer would cause a geographic or
other limitation on network or service provision
to the petitioner.
(iv) Another technological or operational
issue would prevent or impair the use of the
telephone number if the transfer occurs.
(C) The petitioner assumes all financial
responsibility for and right to the use of any
telephone number transferred under this paragraph. In
this paragraph, "financial responsibility" includes
monthly service costs and costs associated with any
mobile device associated with the number.
(D) A wireless telephone service provider may
apply to the petitioner its routine and customary

SB1754 - 231 - LRB102 14289 RLC 19641 b
requirements for establishing an account or
transferring a number, including requiring the
petitioner to provide proof of identification,
financial information, and customer preferences.
(E) Except for willful or wanton misconduct, a
wireless telephone service provider is immune from
civil liability for its actions taken in compliance
with a court order issued under this paragraph.
(F) All wireless service providers that provide
services to residential customers shall provide to the
Illinois Commerce Commission the name and address of
an agent for service of orders entered under this
paragraph (18). Any change in status of the registered
agent must be reported to the Illinois Commerce
Commission within 30 days of such change.
(G) The Illinois Commerce Commission shall
maintain the list of registered agents for service for
each wireless telephone service provider on the
Commission's website. The Commission may consult with
wireless telephone service providers and the Circuit
Court Clerks on the manner in which this information
is provided and displayed.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,
other than payment of support, the court shall consider
relevant factors, including, but not limited to, the

SB1754 - 232 - LRB102 14289 RLC 19641 b
following:
(i) the nature, frequency, severity, pattern, and
consequences of the respondent's past abuse of the
petitioner or any family or household member,
including the concealment of his or her location in
order to evade service of process or notice, and the
likelihood of danger of future abuse to petitioner or
any member of petitioner's or respondent's family or
household; and
(ii) the danger that any minor child will be
abused or neglected or improperly relocated from the
jurisdiction, improperly concealed within the State,
or improperly separated from the child's primary
caretaker.
(2) In comparing relative hardships resulting to the
parties from loss of possession of the family home, the
court shall consider relevant factors, including, but not
limited to, the following:
(i) availability, accessibility, cost, safety,
adequacy, location, and other characteristics of
alternate housing for each party and any minor child
or dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the party,
and any minor child or dependent adult in the party's
care, to family, school, church, and community.

SB1754 - 233 - LRB102 14289 RLC 19641 b
(3) Subject to the exceptions set forth in paragraph
(4) of this subsection (c), the court shall make its
findings in an official record or in writing, and shall at
a minimum set forth the following:
(i) That the court has considered the applicable
relevant factors described in paragraphs (1) and (2)
of this subsection (c).
(ii) Whether the conduct or actions of respondent,
unless prohibited, will likely cause irreparable harm
or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or
other alleged abused persons.
(4) (Blank).
(5) Never married parties. No rights or
responsibilities for a minor child born outside of
marriage attach to a putative father until a father and
child relationship has been established under the Illinois
Parentage Act of 1984, the Illinois Parentage Act of 2015,
the Illinois Public Aid Code, Section 12 of the Vital
Records Act, the Juvenile Court Act of 1987, the Probate
Act of 1975, the Uniform Interstate Family Support Act,
the Expedited Child Support Act of 1990, any judicial,
administrative, or other act of another state or
territory, any other statute of this State, or by any
foreign nation establishing the father and child

SB1754 - 234 - LRB102 14289 RLC 19641 b
relationship, any other proceeding substantially in
conformity with the federal Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, or when both
parties appeared in open court or at an administrative
hearing acknowledging under oath or admitting by
affirmation the existence of a father and child
relationship. Absent such an adjudication, no putative
father shall be granted temporary allocation of parental
responsibilities, including parenting time with the minor
child, or physical care and possession of the minor child,
nor shall an order of payment for support of the minor
child be entered.
(d) Balance of hardships; findings. If the court finds
that the balance of hardships does not support the granting of
a remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will
result in hardship to respondent that would substantially
outweigh the hardship to petitioner from denial of the remedy.
The findings shall be an official record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
(1) respondent has cause for any use of force, unless
that cause satisfies the standards for justifiable use of
force provided by Article 7 of the Criminal Code of 2012;

SB1754 - 235 - LRB102 14289 RLC 19641 b
(2) respondent was voluntarily intoxicated;
(3) petitioner acted in self-defense or defense of
another, provided that, if petitioner utilized force, such
force was justifiable under Article 7 of the Criminal Code
of 2012;
(4) petitioner did not act in self-defense or defense
of another;
(5) petitioner left the residence or household to
avoid further abuse by respondent;
(6) petitioner did not leave the residence or
household to avoid further abuse by respondent; or
(7) conduct by any family or household member excused
the abuse by respondent, unless that same conduct would
have excused such abuse if the parties had not been family
or household members.
(Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18;
100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff.
1-1-19; 101-81, eff. 7-12-19.)
(725 ILCS 5/112A-14.7)
Sec. 112A-14.7. Stalking no contact order; remedies.
(a) The court may order any of the remedies listed in this
Section. The remedies listed in this Section shall be in
addition to other civil or criminal remedies available to
petitioner. A stalking no contact order shall order one or
more of the following:

SB1754 - 236 - LRB102 14289 RLC 19641 b
(1) prohibit the respondent from threatening to commit
or committing stalking;
(2) order the respondent not to have any contact with
the petitioner or a third person specifically named by the
court;
(3) prohibit the respondent from knowingly coming
within, or knowingly remaining within a specified distance
of the petitioner or the petitioner's residence, school,
daycare, or place of employment, or any specified place
frequented by the petitioner; however, the court may order
the respondent to stay away from the respondent's own
residence, school, or place of employment only if the
respondent has been provided actual notice of the
opportunity to appear and be heard on the petition;
(4) prohibit the respondent from possessing a Firearm
Owners Identification Card, or possessing or buying
firearms; and
(5) order other injunctive relief the court determines
to be necessary to protect the petitioner or third party
specifically named by the court.
(b) When the petitioner and the respondent attend the same
public, private, or non-public elementary, middle, or high
school, the court when issuing a stalking no contact order and
providing relief shall consider the severity of the act, any
continuing physical danger or emotional distress to the
petitioner, the educational rights guaranteed to the

SB1754 - 237 - LRB102 14289 RLC 19641 b
petitioner and respondent under federal and State law, the
availability of a transfer of the respondent to another
school, a change of placement or a change of program of the
respondent, the expense, difficulty, and educational
disruption that would be caused by a transfer of the
respondent to another school, and any other relevant facts of
the case. The court may order that the respondent not attend
the public, private, or non-public elementary, middle, or high
school attended by the petitioner, order that the respondent
accept a change of placement or program, as determined by the
school district or private or non-public school, or place
restrictions on the respondent's movements within the school
attended by the petitioner. The respondent bears the burden of
proving by a preponderance of the evidence that a transfer,
change of placement, or change of program of the respondent is
not available. The respondent also bears the burden of
production with respect to the expense, difficulty, and
educational disruption that would be caused by a transfer of
the respondent to another school. A transfer, change of
placement, or change of program is not unavailable to the
respondent solely on the ground that the respondent does not
agree with the school district's or private or non-public
school's transfer, change of placement, or change of program
or solely on the ground that the respondent fails or refuses to
consent to or otherwise does not take an action required to
effectuate a transfer, change of placement, or change of

SB1754 - 238 - LRB102 14289 RLC 19641 b
program. When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to another
attendance center within the respondent's school district or
private or non-public school, the school district or private
or non-public school shall have sole discretion to determine
the attendance center to which the respondent is transferred.
If the court order results in a transfer of the minor
respondent to another attendance center, a change in the
respondent's placement, or a change of the respondent's
program, the parents, guardian, or legal custodian of the
respondent is responsible for transportation and other costs
associated with the transfer or change.
(c) The court may order the parents, guardian, or legal
custodian of a minor respondent to take certain actions or to
refrain from taking certain actions to ensure that the
respondent complies with the order. If the court orders a
transfer of the respondent to another school, the parents,
guardian, or legal custodian of the respondent are responsible
for transportation and other costs associated with the change
of school by the respondent.
(d) The court shall not hold a school district or private
or non-public school or any of its employees in civil or
criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(e) The court may hold the parents, guardian, or legal

SB1754 - 239 - LRB102 14289 RLC 19641 b
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Article for conduct of the minor respondent in violation
of this Article if the parents, guardian, or legal custodian
directed, encouraged, or assisted the respondent minor in the
conduct.
(f) Monetary damages are not recoverable as a remedy.
(g) If the stalking no contact order prohibits the
respondent from possessing a Firearm Owner's Identification
Card, or possessing or buying firearms; the court shall
confiscate the respondent's firearms Firearm Owner's
Identification Card and immediately return the card to the
Department of State Police Firearm Owner's Identification Card
Office.
(Source: P.A. 100-199, eff. 1-1-18.)
Section 95. The Unified Code of Corrections is amended by
changing Sections 5-4.5-110, 5-5-3, 5-5-3.2, and 5-6-3 as
follows:
(730 ILCS 5/5-4.5-110)
(Section scheduled to be repealed on January 1, 2023)
Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
(a) DEFINITIONS. For the purposes of this Section:
"Firearm" has the meaning ascribed to it in Section

SB1754 - 240 - LRB102 14289 RLC 19641 b
2-7.5 of the Criminal Code of 2012 Section 1.1 of the
Firearm Owners Identification Card Act.
"Qualifying predicate offense" means the following
offenses under the Criminal Code of 2012:
(A) aggravated unlawful use of a weapon under
Section 24-1.6 or similar offense under the Criminal
Code of 1961, when the weapon is a firearm;
(B) unlawful use or possession of a weapon by a
felon under Section 24-1.1 or similar offense under
the Criminal Code of 1961, when the weapon is a
firearm;
(C) first degree murder under Section 9-1 or
similar offense under the Criminal Code of 1961;
(D) attempted first degree murder with a firearm
or similar offense under the Criminal Code of 1961;
(E) aggravated kidnapping with a firearm under
paragraph (6) or (7) of subsection (a) of Section 10-2
or similar offense under the Criminal Code of 1961;
(F) aggravated battery with a firearm under
subsection (e) of Section 12-3.05 or similar offense
under the Criminal Code of 1961;
(G) aggravated criminal sexual assault under
Section 11-1.30 or similar offense under the Criminal
Code of 1961;
(H) predatory criminal sexual assault of a child
under Section 11-1.40 or similar offense under the

SB1754 - 241 - LRB102 14289 RLC 19641 b
Criminal Code of 1961;
(I) armed robbery under Section 18-2 or similar
offense under the Criminal Code of 1961;
(J) vehicular hijacking under Section 18-3 or
similar offense under the Criminal Code of 1961;
(K) aggravated vehicular hijacking under Section
18-4 or similar offense under the Criminal Code of
1961;
(L) home invasion with a firearm under paragraph
(3), (4), or (5) of subsection (a) of Section 19-6 or
similar offense under the Criminal Code of 1961;
(M) aggravated discharge of a firearm under
Section 24-1.2 or similar offense under the Criminal
Code of 1961;
(N) aggravated discharge of a machine gun or a
firearm equipped with a device designed or used for
silencing the report of a firearm under Section
24-1.2-5 or similar offense under the Criminal Code of
1961;
(0) unlawful use of firearm projectiles under
Section 24-2.1 or similar offense under the Criminal
Code of 1961;
(P) manufacture, sale, or transfer of bullets or
shells represented to be armor piercing bullets,
dragon's breath shotgun shells, bolo shells, or
flechette shells under Section 24-2.2 or similar

SB1754 - 242 - LRB102 14289 RLC 19641 b
offense under the Criminal Code of 1961;
(Q) unlawful sale or delivery of firearms under
Section 24-3 or similar offense under the Criminal
Code of 1961;
(R) unlawful discharge of firearm projectiles
under Section 24-3.2 or similar offense under the
Criminal Code of 1961;
(S) unlawful sale or delivery of firearms on
school premises of any school under Section 24-3.3 or
similar offense under the Criminal Code of 1961;
(T) unlawful purchase of a firearm under Section
24-3.5 or similar offense under the Criminal Code of
1961;
(U) use of a stolen firearm in the commission of an
offense under Section 24-3.7 or similar offense under
the Criminal Code of 1961;
(V) possession of a stolen firearm under Section
24-3.8 or similar offense under the Criminal Code of
1961;
(W) aggravated possession of a stolen firearm
under Section 24-3.9 or similar offense under the
Criminal Code of 1961;
(X) gunrunning under Section 24-3A or similar
offense under the Criminal Code of 1961;
(Y) defacing identification marks of firearms
under Section 24-5 or similar offense under the

SB1754 - 243 - LRB102 14289 RLC 19641 b
Criminal Code of 1961; and
(Z) armed violence under Section 33A-2 or similar
offense under the Criminal Code of 1961.
(b) APPLICABILITY. For an offense committed on or after
January 1, 2018 (the effective date Public Act 100-3) of this
amendatory Act of the 100th General Assembly and before
January 1, 2023, when a person is convicted of unlawful use or
possession of a weapon by a felon, when the weapon is a
firearm, or aggravated unlawful use of a weapon, when the
weapon is a firearm, after being previously convicted of a
qualifying predicate offense the person shall be subject to
the sentencing guidelines under this Section.
(c) SENTENCING GUIDELINES.
(1) When a person is convicted of unlawful use or
possession of a weapon by a felon, when the weapon is a
firearm, and that person has been previously convicted of
a qualifying predicate offense, the person shall be
sentenced to a term of imprisonment within the sentencing
range of not less than 7 years and not more than 14 years,
unless the court finds that a departure from the
sentencing guidelines under this paragraph is warranted
under subsection (d) of this Section.
(2) When a person is convicted of aggravated unlawful
use of a weapon, when the weapon is a firearm, and that
person has been previously convicted of a qualifying
predicate offense, the person shall be sentenced to a term

SB1754 - 244 - LRB102 14289 RLC 19641 b
of imprisonment within the sentencing range of not less
than 6 years and not more than 7 years, unless the court
finds that a departure from the sentencing guidelines
under this paragraph is warranted under subsection (d) of
this Section.
(3) The sentencing guidelines in paragraphs (1) and
(2) of this subsection (c) apply only to offenses
committed on and after January 1, 2018 (the effective date
of Public Act 100-3) this amendatory Act of the 100th
General Assembly and before January 1, 2023.
(d) DEPARTURE FROM SENTENCING GUIDELINES.
(1) At the sentencing hearing conducted under Section
5-4-1 of this Code, the court may depart from the
sentencing guidelines provided in subsection (c) of this
Section and impose a sentence otherwise authorized by law
for the offense if the court, after considering any factor
under paragraph (2) of this subsection (d) relevant to the
nature and circumstances of the crime and to the history
and character of the defendant, finds on the record
substantial and compelling justification that the sentence
within the sentencing guidelines would be unduly harsh and
that a sentence otherwise authorized by law would be
consistent with public safety and does not deprecate the
seriousness of the offense.
(2) In deciding whether to depart from the sentencing
guidelines under this paragraph, the court shall consider:

SB1754 - 245 - LRB102 14289 RLC 19641 b
(A) the age, immaturity, or limited mental
capacity of the defendant at the time of commission of
the qualifying predicate or current offense, including
whether the defendant was suffering from a mental or
physical condition insufficient to constitute a
defense but significantly reduced the defendant's
culpability;
(B) the nature and circumstances of the qualifying
predicate offense;
(C) the time elapsed since the qualifying
predicate offense;
(D) the nature and circumstances of the current
offense;
(E) the defendant's prior criminal history;
(F) whether the defendant committed the qualifying
predicate or current offense under specific and
credible duress, coercion, threat, or compulsion;
(G) whether the defendant aided in the
apprehension of another felon or testified truthfully
on behalf of another prosecution of a felony; and
(H) whether departure is in the interest of the
person's rehabilitation, including employment or
educational or vocational training, after taking into
account any past rehabilitation efforts or
dispositions of probation or supervision, and the
defendant's cooperation or response to rehabilitation.

SB1754 - 246 - LRB102 14289 RLC 19641 b
(3) When departing from the sentencing guidelines
under this Section, the court shall specify on the record,
the particular evidence, information, factor or factors,
or other reasons which led to the departure from the
sentencing guidelines. When departing from the sentencing
range in accordance with this subsection (d), the court
shall indicate on the sentencing order which departure
factor or factors outlined in paragraph (2) of this
subsection (d) led to the sentence imposed. The sentencing
order shall be filed with the clerk of the court and shall
be a public record.
(e) This Section is repealed on January 1, 2023.
(Source: P.A. 100-3, eff. 1-1-18.)
(730 ILCS 5/5-5-3)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c) (1) (Blank).
(2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the
following offenses. The court shall sentence the offender to
not less than the minimum term of imprisonment set forth in
this Code for the following offenses, and may order a fine or
restitution or both in conjunction with such term of
imprisonment:

SB1754 - 247 - LRB102 14289 RLC 19641 b
(A) First degree murder where the death penalty is not
imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation of
subdivision (c)(1.5) of Section 401 of that Act which
relates to more than 5 grams of a substance containing
fentanyl or an analog thereof.
(D-5) A violation of subdivision (c)(1) of Section 401
of the Illinois Controlled Substances Act which relates to
3 or more grams of a substance containing heroin or an
analog thereof.
(E) (Blank).
(F) A Class 1 or greater felony if the offender had
been convicted of a Class 1 or greater felony, including
any state or federal conviction for an offense that
contained, at the time it was committed, the same elements
as an offense now (the date of the offense committed after
the prior Class 1 or greater felony) classified as a Class
1 or greater felony, within 10 years of the date on which
the offender committed the offense for which he or she is
being sentenced, except as otherwise provided in Section
40-10 of the Substance Use Disorder Act.
(F-3) A Class 2 or greater felony sex offense or
felony firearm offense if the offender had been convicted

SB1754 - 248 - LRB102 14289 RLC 19641 b
of a Class 2 or greater felony, including any state or
federal conviction for an offense that contained, at the
time it was committed, the same elements as an offense now
(the date of the offense committed after the prior Class 2
or greater felony) classified as a Class 2 or greater
felony, within 10 years of the date on which the offender
committed the offense for which he or she is being
sentenced, except as otherwise provided in Section 40-10
of the Substance Use Disorder Act.
(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
of the Criminal Code of 1961 or the Criminal Code of 2012
for which imprisonment is prescribed in those Sections.
(G) Residential burglary, except as otherwise provided
in Section 40-10 of the Substance Use Disorder Act.
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen as
described in Section 12-4.6 or subdivision (a)(4) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012.
(J) A forcible felony if the offense was related to
the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5 or
more persons, with an established hierarchy, that
encourages members of the association to perpetrate crimes
or provides support to the members of the association who

SB1754 - 249 - LRB102 14289 RLC 19641 b
do commit crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
hate crime is based is felony aggravated assault or felony
mob action.
(M) A second or subsequent conviction for the offense
of institutional vandalism if the damage to the property
exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act committed before the effective
date of this amendatory Act of the 102nd General Assembly.
(O) A violation of Section 12-6.1 or 12-6.5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(Q) A violation of subsection (b) or (b-5) of Section
20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(R) A violation of Section 24-3A of the Criminal Code

SB1754 - 250 - LRB102 14289 RLC 19641 b
of 1961 or the Criminal Code of 2012.
(S) (Blank).
(T) (Blank).
(U) A second or subsequent violation of Section 6-303
of the Illinois Vehicle Code committed while his or her
driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961
or the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar provision of a law of
another state.
(V) A violation of paragraph (4) of subsection (c) of
Section 11-20.1B or paragraph (4) of subsection (c) of
Section 11-20.3 of the Criminal Code of 1961, or paragraph
(6) of subsection (a) of Section 11-20.1 of the Criminal
Code of 2012 when the victim is under 13 years of age and
the defendant has previously been convicted under the laws
of this State or any other state of the offense of child
pornography, aggravated child pornography, aggravated
criminal sexual abuse, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, or any of
the offenses formerly known as rape, deviate sexual
assault, indecent liberties with a child, or aggravated
indecent liberties with a child where the victim was under
the age of 18 years or an offense that is substantially
equivalent to those offenses.
(W) A violation of Section 24-3.5 of the Criminal Code

SB1754 - 251 - LRB102 14289 RLC 19641 b
of 1961 or the Criminal Code of 2012.
(X) A violation of subsection (a) of Section 31-1a of
the Criminal Code of 1961 or the Criminal Code of 2012.
(Y) A conviction for unlawful possession of a firearm
by a street gang member when the firearm was loaded or
contained firearm ammunition.
(Z) A Class 1 felony committed while he or she was
serving a term of probation or conditional discharge for a
felony.
(AA) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value.
(BB) Laundering of criminally derived property of a
value exceeding $500,000.
(CC) Knowingly selling, offering for sale, holding for
sale, or using 2,000 or more counterfeit items or
counterfeit items having a retail value in the aggregate
of $500,000 or more.
(DD) A conviction for aggravated assault under
paragraph (6) of subsection (c) of Section 12-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
firearm is aimed toward the person against whom the
firearm is being used.
(EE) A conviction for a violation of paragraph (2) of
subsection (a) of Section 24-3B of the Criminal Code of
2012.
(3) (Blank).

SB1754 - 252 - LRB102 14289 RLC 19641 b
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303 of
the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8) of
this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.4) Except as provided in paragraphs (4.5), (4.6), and
(4.9) of this subsection (c), a minimum term of imprisonment
of 30 days or 300 hours of community service, as determined by
the court, shall be imposed for a third or subsequent
violation of Section 6-303 of the Illinois Vehicle Code. The
court may give credit toward the fulfillment of community
service hours for participation in activities and treatment as
determined by court services.
(4.5) A minimum term of imprisonment of 30 days shall be
imposed for a third violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days

SB1754 - 253 - LRB102 14289 RLC 19641 b
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle Code.
(4.7) A minimum term of imprisonment of not less than 30
consecutive days, or 300 hours of community service, shall be
imposed for a violation of subsection (a-5) of Section 6-303
of the Illinois Vehicle Code, as provided in subsection (b-5)
of that Section.
(4.8) A mandatory prison sentence shall be imposed for a
second violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (c-5) of that
Section. The person's driving privileges shall be revoked for
a period of not less than 5 years from the date of his or her
release from prison.
(4.9) A mandatory prison sentence of not less than 4 and
not more than 15 years shall be imposed for a third violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-2.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-3.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.

SB1754 - 254 - LRB102 14289 RLC 19641 b
(5) The court may sentence a corporation or unincorporated
association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section 5-5-6
of this Code.
(5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for at least 90 days but not
more than one year, if the violation resulted in damage to the
property of another person.
(5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted of
violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit,
or privileges suspended for at least 180 days but not more than
2 years, if the violation resulted in injury to another
person.
(5.3) In addition to any other penalties imposed, a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation
resulted in the death of another person.
(5.4) In addition to any other penalties imposed, a person

SB1754 - 255 - LRB102 14289 RLC 19641 b
convicted of violating Section 3-707 of the Illinois Vehicle
Code shall have his or her driver's license, permit, or
privileges suspended for 3 months and until he or she has paid
a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code during a period in which his or her driver's license,
permit, or privileges were suspended for a previous violation
of that Section shall have his or her driver's license,
permit, or privileges suspended for an additional 6 months
after the expiration of the original 3-month suspension and
until he or she has paid a reinstatement fee of $100.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) A defendant convicted of a second or subsequent
offense of ritualized abuse of a child may be sentenced to a
term of natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000 for a
first offense and $2,000 for a second or subsequent offense
upon a person convicted of or placed on supervision for
battery when the individual harmed was a sports official or
coach at any level of competition and the act causing harm to
the sports official or coach occurred within an athletic
facility or within the immediate vicinity of the athletic

SB1754 - 256 - LRB102 14289 RLC 19641 b
facility at which the sports official or coach was an active
participant of the athletic contest held at the athletic
facility. For the purposes of this paragraph (11), "sports
official" means a person at an athletic contest who enforces
the rules of the contest, such as an umpire or referee;
"athletic facility" means an indoor or outdoor playing field
or recreational area where sports activities are conducted;
and "coach" means a person recognized as a coach by the
sanctioning authority that conducted the sporting event.
(12) A person may not receive a disposition of court
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously
received a disposition of court supervision for a violation of
that Section.
(13) A person convicted of or placed on court supervision
for an assault or aggravated assault when the victim and the
offender are family or household members as defined in Section
103 of the Illinois Domestic Violence Act of 1986 or convicted
of domestic battery or aggravated domestic battery may be
required to attend a Partner Abuse Intervention Program under
protocols set forth by the Illinois Department of Human
Services under such terms and conditions imposed by the court.
The costs of such classes shall be paid by the offender.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of this

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Code which may include evidence of the defendant's life, moral
character and occupation during the time since the original
sentence was passed. The trial court shall then impose
sentence upon the defendant. The trial court may impose any
sentence which could have been imposed at the original trial
subject to Section 5-5-4 of this Code. If a sentence is vacated
on appeal or on collateral attack due to the failure of the
trier of fact at trial to determine beyond a reasonable doubt
the existence of a fact (other than a prior conviction)
necessary to increase the punishment for the offense beyond
the statutory maximum otherwise applicable, either the
defendant may be re-sentenced to a term within the range
otherwise provided or, if the State files notice of its
intention to again seek the extended sentence, the defendant
shall be afforded a new trial.
(e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall
consider the safety and welfare of the victim and may impose a
sentence of probation only where:
(1) the court finds (A) or (B) or both are
appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of

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2 years; or
(B) the defendant is willing to participate in a
court approved plan including but not limited to the
defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the victim;
and
(v) compliance with any other measures that
the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the court
finds, after considering the defendant's income and
assets, that the defendant is financially capable of
paying for such services, if the victim was under 18 years
of age at the time the offense was committed and requires
counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.

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For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 2012.
(f) (Blank).
(g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the defendant shall undergo medical
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with
human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be

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revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested
by the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the
test results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results
of any HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it is
relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-5.01 or 12-16.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 against the
defendant. The court shall order that the cost of any such test
shall be paid by the county and may be taxed as costs against
the convicted defendant.
(g-5) When an inmate is tested for an airborne
communicable disease, as determined by the Illinois Department
of Public Health including but not limited to tuberculosis,
the results of the test shall be personally delivered by the
warden or his or her designee in a sealed envelope to the judge
of the court in which the inmate must appear for the judge's
inspection in camera if requested by the judge. Acting in

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accordance with the best interests of those in the courtroom,
the judge shall have the discretion to determine what if any
precautions need to be taken to prevent transmission of the
disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this

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Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-5.01
or 12-16.2 of the Criminal Code of 1961 or the Criminal Code of
2012 against the defendant. The court shall order that the
cost of any such test shall be paid by the county and may be
taxed as costs against the convicted defendant.
(i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under the Criminal
and Traffic Assessment Act.
(j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
Code of 2012, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois

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Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act of a
defendant, the court shall determine whether the defendant is
employed by a facility or center as defined under the Child
Care Act of 1969, a public or private elementary or secondary
school, or otherwise works with children under 18 years of age
on a daily basis. When a defendant is so employed, the court
shall order the Clerk of the Court to send a copy of the
judgment of conviction or order of supervision or probation to
the defendant's employer by certified mail. If the employer of
the defendant is a school, the Clerk of the Court shall direct
the mailing of a copy of the judgment of conviction or order of
supervision or probation to the appropriate regional
superintendent of schools. The regional superintendent of
schools shall notify the State Board of Education of any
notification under this subsection.
(j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall
as a condition of his or her sentence be required by the court
to attend educational courses designed to prepare the
defendant for a high school diploma and to work toward a high
school diploma or to work toward passing high school
equivalency testing or to work toward completing a vocational
training program offered by the Department of Corrections. If

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a defendant fails to complete the educational training
required by his or her sentence during the term of
incarceration, the Prisoner Review Board shall, as a condition
of mandatory supervised release, require the defendant, at his
or her own expense, to pursue a course of study toward a high
school diploma or passage of high school equivalency testing.
The Prisoner Review Board shall revoke the mandatory
supervised release of a defendant who wilfully fails to comply
with this subsection (j-5) upon his or her release from
confinement in a penal institution while serving a mandatory
supervised release term; however, the inability of the
defendant after making a good faith effort to obtain financial
aid or pay for the educational training shall not be deemed a
wilful failure to comply. The Prisoner Review Board shall
recommit the defendant whose mandatory supervised release term
has been revoked under this subsection (j-5) as provided in
Section 3-3-9. This subsection (j-5) does not apply to a
defendant who has a high school diploma or has successfully
passed high school equivalency testing. This subsection (j-5)
does not apply to a defendant who is determined by the court to
be a person with a developmental disability or otherwise
mentally incapable of completing the educational or vocational
program.
(k) (Blank).
(l) (A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is an alien as defined by the

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Immigration and Nationality Act, is convicted of any felony or
misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in
abeyance and remand the defendant to the custody of the
Attorney General of the United States or his or her designated
agent to be deported when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as provided in
this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act, the
court may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the
Attorney General of the United States or his or her designated
agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and

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(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who
are subject to the provisions of paragraph (2) of subsection
(a) of Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of
the United States, the defendant shall be recommitted to the
custody of the county from which he or she was sentenced.
Thereafter, the defendant shall be brought before the
sentencing court, which may impose any sentence that was
available under Section 5-5-3 at the time of initial
sentencing. In addition, the defendant shall not be eligible
for additional earned sentence credit as provided under
Section 3-6-3.
(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, in which the property damage exceeds
$300 and the property damaged is a school building, shall be
ordered to perform community service that may include cleanup,
removal, or painting over the defacement.
(n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 (i) to an impact

SB1754 - 267 - LRB102 14289 RLC 19641 b
incarceration program if the person is otherwise eligible for
that program under Section 5-8-1.1, (ii) to community service,
or (iii) if the person has a substance use disorder, as defined
in the Substance Use Disorder Act, to a treatment program
licensed under that Act.
(o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions
of license renewal established by the Secretary of State.
(Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19;
100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
(730 ILCS 5/5-5-3.2)
Sec. 5-5-3.2. Factors in aggravation and extended-term
sentencing.
(a) The following factors shall be accorded weight in
favor of imposing a term of imprisonment or may be considered
by the court as reasons to impose a more severe sentence under
Section 5-8-1 or Article 4.5 of Chapter V:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;
(3) the defendant has a history of prior delinquency
or criminal activity;

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(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular
offense committed or to bring the offenders committing it
to justice;
(5) the defendant held public office at the time of
the offense, and the offense related to the conduct of
that office;
(6) the defendant utilized his professional reputation
or position in the community to commit the offense, or to
afford him an easier means of committing it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's property;
(9) the defendant committed the offense against a
person who has a physical disability or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual;
(ii) the person or property of a person who has an
association with, is married to, or has a friendship with
the other individual; or (iii) the person or property of a
relative (by blood or marriage) of a person described in

SB1754 - 269 - LRB102 14289 RLC 19641 b
clause (i) or (ii). For the purposes of this Section,
"sexual orientation" has the meaning ascribed to it in
paragraph (O-1) of Section 1-103 of the Illinois Human
Rights Act;
(11) the offense took place in a place of worship or on
the grounds of a place of worship, immediately prior to,
during or immediately following worship services. For
purposes of this subparagraph, "place of worship" shall
mean any church, synagogue or other building, structure or
place used primarily for religious worship;
(12) the defendant was convicted of a felony committed
while he was released on bail or his own recognizance
pending trial for a prior felony and was convicted of such
prior felony, or the defendant was convicted of a felony
committed while he was serving a period of probation,
conditional discharge, or mandatory supervised release
under subsection (d) of Section 5-8-1 for a prior felony;
(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the
purposes of this paragraph (13), a bulletproof vest is any
device which is designed for the purpose of protecting the
wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 11-0.1 of the Criminal Code of 2012,
teacher, scout leader, baby sitter, or day care worker, in

SB1754 - 270 - LRB102 14289 RLC 19641 b
relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
or 12-16 of the Criminal Code of 1961 or the Criminal Code
of 2012 against that victim;
(15) the defendant committed an offense related to the
activities of an organized gang. For the purposes of this
factor, "organized gang" has the meaning ascribed to it in
Section 10 of the Streetgang Terrorism Omnibus Prevention
Act;
(16) the defendant committed an offense in violation
of one of the following Sections while in a school,
regardless of the time of day or time of year; on any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a school related
activity; on the real property of a school; or on a public
way within 1,000 feet of the real property comprising any
school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
for subdivision (a)(4) or (g)(1), of the Criminal Code of

SB1754 - 271 - LRB102 14289 RLC 19641 b
1961 or the Criminal Code of 2012;
(16.5) the defendant committed an offense in violation
of one of the following Sections while in a day care
center, regardless of the time of day or time of year; on
the real property of a day care center, regardless of the
time of day or time of year; or on a public way within
1,000 feet of the real property comprising any day care
center, regardless of the time of day or time of year:
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
18-2, or 33A-2, or Section 12-3.05 except for subdivision
(a)(4) or (g)(1), of the Criminal Code of 1961 or the
Criminal Code of 2012;
(17) the defendant committed the offense by reason of
any person's activity as a community policing volunteer or
to prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
2012;
(18) the defendant committed the offense in a nursing
home or on the real property comprising a nursing home.
For the purposes of this paragraph (18), "nursing home"
means a skilled nursing or intermediate long term care

SB1754 - 272 - LRB102 14289 RLC 19641 b
facility that is subject to license by the Illinois
Department of Public Health under the Nursing Home Care
Act, the Specialized Mental Health Rehabilitation Act of
2013, the ID/DD Community Care Act, or the MC/DD Act;
(19) the defendant was a federally licensed firearm
dealer and was previously convicted of a violation of
subsection (a) of Section 3 of the Firearm Owners
Identification Card Act before its repeal by this
amendatory Act of the 102nd General Assembly and has now
committed either a felony violation of the Firearm Owners
Identification Card Act or an act of armed violence while
armed with a firearm;
(20) the defendant (i) committed the offense of
reckless homicide under Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012 or the offense of
driving under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds or any
combination thereof under Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance
and (ii) was operating a motor vehicle in excess of 20
miles per hour over the posted speed limit as provided in
Article VI of Chapter 11 of the Illinois Vehicle Code;
(21) the defendant (i) committed the offense of
reckless driving or aggravated reckless driving under
Section 11-503 of the Illinois Vehicle Code and (ii) was
operating a motor vehicle in excess of 20 miles per hour

SB1754 - 273 - LRB102 14289 RLC 19641 b
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(22) the defendant committed the offense against a
person that the defendant knew, or reasonably should have
known, was a member of the Armed Forces of the United
States serving on active duty. For purposes of this clause
(22), the term "Armed Forces" means any of the Armed
Forces of the United States, including a member of any
reserve component thereof or National Guard unit called to
active duty;
(23) the defendant committed the offense against a
person who was elderly or infirm or who was a person with a
disability by taking advantage of a family or fiduciary
relationship with the elderly or infirm person or person
with a disability;
(24) the defendant committed any offense under Section
11-20.1 of the Criminal Code of 1961 or the Criminal Code
of 2012 and possessed 100 or more images;
(25) the defendant committed the offense while the
defendant or the victim was in a train, bus, or other
vehicle used for public transportation;
(26) the defendant committed the offense of child
pornography or aggravated child pornography, specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.1 of the Criminal Code of
1961 or the Criminal Code of 2012 where a child engaged in,

SB1754 - 274 - LRB102 14289 RLC 19641 b
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context
and specifically including paragraph (1), (2), (3), (4),
(5), or (7) of subsection (a) of Section 11-20.1B or
Section 11-20.3 of the Criminal Code of 1961 where a child
engaged in, solicited for, depicted in, or posed in any
act of sexual penetration or bound, fettered, or subject
to sadistic, masochistic, or sadomasochistic abuse in a
sexual context;
(27) the defendant committed the offense of first
degree murder, assault, aggravated assault, battery,
aggravated battery, robbery, armed robbery, or aggravated
robbery against a person who was a veteran and the
defendant knew, or reasonably should have known, that the
person was a veteran performing duties as a representative
of a veterans' organization. For the purposes of this
paragraph (27), "veteran" means an Illinois resident who
has served as a member of the United States Armed Forces, a
member of the Illinois National Guard, or a member of the
United States Reserve Forces; and "veterans' organization"
means an organization comprised of members of which
substantially all are individuals who are veterans or
spouses, widows, or widowers of veterans, the primary
purpose of which is to promote the welfare of its members
and to provide assistance to the general public in such a

SB1754 - 275 - LRB102 14289 RLC 19641 b
way as to confer a public benefit;
(28) the defendant committed the offense of assault,
aggravated assault, battery, aggravated battery, robbery,
armed robbery, or aggravated robbery against a person that
the defendant knew or reasonably should have known was a
letter carrier or postal worker while that person was
performing his or her duties delivering mail for the
United States Postal Service;
(29) the defendant committed the offense of criminal
sexual assault, aggravated criminal sexual assault,
criminal sexual abuse, or aggravated criminal sexual abuse
against a victim with an intellectual disability, and the
defendant holds a position of trust, authority, or
supervision in relation to the victim;
(30) the defendant committed the offense of promoting
juvenile prostitution, patronizing a prostitute, or
patronizing a minor engaged in prostitution and at the
time of the commission of the offense knew that the
prostitute or minor engaged in prostitution was in the
custody or guardianship of the Department of Children and
Family Services;
(31) the defendant (i) committed the offense of
driving while under the influence of alcohol, other drug
or drugs, intoxicating compound or compounds or any
combination thereof in violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local

SB1754 - 276 - LRB102 14289 RLC 19641 b
ordinance and (ii) the defendant during the commission of
the offense was driving his or her vehicle upon a roadway
designated for one-way traffic in the opposite direction
of the direction indicated by official traffic control
devices; or
(32) the defendant committed the offense of reckless
homicide while committing a violation of Section 11-907 of
the Illinois Vehicle Code; .
(33) (32) the defendant was found guilty of an
administrative infraction related to an act or acts of
public indecency or sexual misconduct in the penal
institution. In this paragraph (33) (32), "penal
institution" has the same meaning as in Section 2-14 of
the Criminal Code of 2012; or .
(34) (32) the defendant committed the offense of
leaving the scene of an accident in violation of
subsection (b) of Section 11-401 of the Illinois Vehicle
Code and the accident resulted in the death of a person and
at the time of the offense, the defendant was: (i) driving
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds or any combination
thereof as defined by Section 11-501 of the Illinois
Vehicle Code; or (ii) operating the motor vehicle while
using an electronic communication device as defined in
Section 12-610.2 of the Illinois Vehicle Code.
For the purposes of this Section:

SB1754 - 277 - LRB102 14289 RLC 19641 b
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Day care center" means a public or private State
certified and licensed day care center as defined in Section
2.09 of the Child Care Act of 1969 that displays a sign in
plain view stating that the property is a day care center.
"Intellectual disability" means significantly subaverage
intellectual functioning which exists concurrently with
impairment in adaptive behavior.
"Public transportation" means the transportation or
conveyance of persons by means available to the general
public, and includes paratransit services.
"Traffic control devices" means all signs, signals,
markings, and devices that conform to the Illinois Manual on
Uniform Traffic Control Devices, placed or erected by
authority of a public body or official having jurisdiction,
for the purpose of regulating, warning, or guiding traffic.
(b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
(1) When a defendant is convicted of any felony, after
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or
greater class felony, when such conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and such charges are separately

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brought and tried and arise out of different series of
acts; or
(2) When a defendant is convicted of any felony and
the court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time of
the offense or such person's property;
(ii) a person 60 years of age or older at the time
of the offense or such person's property; or
(iii) a person who had a physical disability at
the time of the offense or such person's property; or
(4) When a defendant is convicted of any felony and
the offense involved any of the following types of
specific misconduct committed as part of a ceremony, rite,
initiation, observance, performance, practice or activity
of any actual or ostensible religious, fraternal, or
social group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
fraternal, business, governmental, educational, or

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other building or property; or
(v) ritualized abuse of a child; or
(5) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of management
or leadership, and the court further finds that the felony
committed was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the
defendant's leadership in an organized gang; or
(6) When a defendant is convicted of an offense
committed while using a firearm with a laser sight
attached to it. For purposes of this paragraph, "laser
sight" has the meaning ascribed to it in Section 26-7 of
the Criminal Code of 2012; or
(7) When a defendant who was at least 17 years of age
at the time of the commission of the offense is convicted
of a felony and has been previously adjudicated a
delinquent minor under the Juvenile Court Act of 1987 for
an act that if committed by an adult would be a Class X or
Class 1 felony when the conviction has occurred within 10
years after the previous adjudication, excluding time
spent in custody; or
(8) When a defendant commits any felony and the

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defendant used, possessed, exercised control over, or
otherwise directed an animal to assault a law enforcement
officer engaged in the execution of his or her official
duties or in furtherance of the criminal activities of an
organized gang in which the defendant is engaged; or
(9) When a defendant commits any felony and the
defendant knowingly video or audio records the offense
with the intent to disseminate the recording.
(c) The following factors may be considered by the court
as reasons to impose an extended term sentence under Section
5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
offenses:
(1) When a defendant is convicted of first degree
murder, after having been previously convicted in Illinois
of any offense listed under paragraph (c)(2) of Section
5-5-3 (730 ILCS 5/5-5-3), when that conviction has
occurred within 10 years after the previous conviction,
excluding time spent in custody, and the charges are
separately brought and tried and arise out of different
series of acts.
(1.5) When a defendant is convicted of first degree
murder, after having been previously convicted of domestic
battery (720 ILCS 5/12-3.2) or aggravated domestic battery
(720 ILCS 5/12-3.3) committed on the same victim or after
having been previously convicted of violation of an order
of protection (720 ILCS 5/12-30) in which the same victim

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was the protected person.
(2) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter, or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual.
(3) When a defendant is convicted of aggravated
criminal sexual assault or criminal sexual assault, when
there is a finding that aggravated criminal sexual assault
or criminal sexual assault was also committed on the same
victim by one or more other individuals, and the defendant
voluntarily participated in the crime with the knowledge
of the participation of the others in the crime, and the
commission of the crime was part of a single course of
conduct during which there was no substantial change in
the nature of the criminal objective.
(4) If the victim was under 18 years of age at the time
of the commission of the offense, when a defendant is
convicted of aggravated criminal sexual assault or
predatory criminal sexual assault of a child under
subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
of Section 12-14.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
(5) When a defendant is convicted of a felony
violation of Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a

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finding that the defendant is a member of an organized
gang.
(6) When a defendant was convicted of unlawful use of
weapons under Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
a weapon that is not readily distinguishable as one of the
weapons enumerated in Section 24-1 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled
substance under Section 401 of the Illinois Controlled
Substances Act (720 ILCS 570/401), the illegal manufacture
of methamphetamine under Section 25 of the Methamphetamine
Control and Community Protection Act (720 ILCS 646/25), or
the illegal possession of explosives and an emergency
response officer in the performance of his or her duties
is killed or injured at the scene of the offense while
responding to the emergency caused by the commission of
the offense. In this paragraph, "emergency" means a
situation in which a person's life, health, or safety is
in jeopardy; and "emergency response officer" means a
peace officer, community policing volunteer, fireman,
emergency medical technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, other medical
assistance or first aid personnel, or hospital emergency

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room personnel.
(8) When the defendant is convicted of attempted mob
action, solicitation to commit mob action, or conspiracy
to commit mob action under Section 8-1, 8-2, or 8-4 of the
Criminal Code of 2012, where the criminal object is a
violation of Section 25-1 of the Criminal Code of 2012,
and an electronic communication is used in the commission
of the offense. For the purposes of this paragraph (8),
"electronic communication" shall have the meaning provided
in Section 26.5-0.1 of the Criminal Code of 2012.
(d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(e) The court may impose an extended term sentence under
Article 4.5 of Chapter V upon an offender who has been
convicted of a felony violation of Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
when the victim of the offense is under 18 years of age at the
time of the commission of the offense and, during the
commission of the offense, the victim was under the influence
of alcohol, regardless of whether or not the alcohol was
supplied by the offender; and the offender, at the time of the
commission of the offense, knew or should have known that the
victim had consumed alcohol.
(Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20;

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101-401, eff. 1-1-20; 101-417, eff. 1-1-20; revised 9-18-19.)
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
Sec. 5-6-3. Conditions of probation and of conditional
discharge.
(a) The conditions of probation and of conditional
discharge shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) report to or appear in person before such person
or agency as directed by the court;
(3) refrain from possessing a firearm or other
dangerous weapon where the offense is a felony or, if a
misdemeanor, the offense involved the intentional or
knowing infliction of bodily harm or threat of bodily
harm;
(4) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature that prior consent
by the court is not possible, without the prior
notification and approval of the person's probation
officer. Transfer of a person's probation or conditional
discharge supervision to another state is subject to
acceptance by the other state pursuant to the Interstate
Compact for Adult Offender Supervision;
(5) permit the probation officer to visit him at his

SB1754 - 285 - LRB102 14289 RLC 19641 b
home or elsewhere to the extent necessary to discharge his
duties;
(6) perform no less than 30 hours of community service
and not more than 120 hours of community service, if
community service is available in the jurisdiction and is
funded and approved by the county board where the offense
was committed, where the offense was related to or in
furtherance of the criminal activities of an organized
gang and was motivated by the offender's membership in or
allegiance to an organized gang. The community service
shall include, but not be limited to, the cleanup and
repair of any damage caused by a violation of Section
21-1.3 of the Criminal Code of 1961 or the Criminal Code of
2012 and similar damage to property located within the
municipality or county in which the violation occurred.
When possible and reasonable, the community service should
be performed in the offender's neighborhood. For purposes
of this Section, "organized gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act. The court may give credit toward
the fulfillment of community service hours for
participation in activities and treatment as determined by
court services;
(7) if he or she is at least 17 years of age and has
been sentenced to probation or conditional discharge for a
misdemeanor or felony in a county of 3,000,000 or more

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inhabitants and has not been previously convicted of a
misdemeanor or felony, may be required by the sentencing
court to attend educational courses designed to prepare
the defendant for a high school diploma and to work toward
a high school diploma or to work toward passing high
school equivalency testing or to work toward completing a
vocational training program approved by the court. The
person on probation or conditional discharge must attend a
public institution of education to obtain the educational
or vocational training required by this paragraph (7). The
court shall revoke the probation or conditional discharge
of a person who wilfully fails to comply with this
paragraph (7). The person on probation or conditional
discharge shall be required to pay for the cost of the
educational courses or high school equivalency testing if
a fee is charged for those courses or testing. The court
shall resentence the offender whose probation or
conditional discharge has been revoked as provided in
Section 5-6-4. This paragraph (7) does not apply to a
person who has a high school diploma or has successfully
passed high school equivalency testing. This paragraph (7)
does not apply to a person who is determined by the court
to be a person with a developmental disability or
otherwise mentally incapable of completing the educational
or vocational program;
(8) if convicted of possession of a substance

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prohibited by the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act after a previous conviction
or disposition of supervision for possession of a
substance prohibited by the Cannabis Control Act or
Illinois Controlled Substances Act or after a sentence of
probation under Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act, or
Section 70 of the Methamphetamine Control and Community
Protection Act and upon a finding by the court that the
person is addicted, undergo treatment at a substance abuse
program approved by the court;
(8.5) if convicted of a felony sex offense as defined
in the Sex Offender Management Board Act, the person shall
undergo and successfully complete sex offender treatment
by a treatment provider approved by the Board and
conducted in conformance with the standards developed
under the Sex Offender Management Board Act;
(8.6) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, refrain from residing
at the same address or in the same condominium unit or
apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has
been placed on supervision for a sex offense; the
provisions of this paragraph do not apply to a person

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convicted of a sex offense who is placed in a Department of
Corrections licensed transitional housing facility for sex
offenders;
(8.7) if convicted for an offense committed on or
after June 1, 2008 (the effective date of Public Act
95-464) that would qualify the accused as a child sex
offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 or the Criminal Code of 2012,
refrain from communicating with or contacting, by means of
the Internet, a person who is not related to the accused
and whom the accused reasonably believes to be under 18
years of age; for purposes of this paragraph (8.7),
"Internet" has the meaning ascribed to it in Section
16-0.1 of the Criminal Code of 2012; and a person is not
related to the accused if the person is not: (i) the
spouse, brother, or sister of the accused; (ii) a
descendant of the accused; (iii) a first or second cousin
of the accused; or (iv) a step-child or adopted child of
the accused;
(8.8) if convicted for an offense under Section 11-6,
11-9.1, 11-14.4 that involves soliciting for a juvenile
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
of the Criminal Code of 1961 or the Criminal Code of 2012,
or any attempt to commit any of these offenses, committed
on or after June 1, 2009 (the effective date of Public Act
95-983):

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(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the offender's probation officer,
except in connection with the offender's employment or
search for employment with the prior approval of the
offender's probation officer;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's probation
officer, a law enforcement officer, or assigned
computer or information technology specialist,
including the retrieval and copying of all data from
the computer or device and any internal or external
peripherals and removal of such information,
equipment, or device to conduct a more thorough
inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or
software systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the offender's probation officer;
(8.9) if convicted of a sex offense as defined in the
Sex Offender Registration Act committed on or after

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January 1, 2010 (the effective date of Public Act 96-262),
refrain from accessing or using a social networking
website as defined in Section 17-0.5 of the Criminal Code
of 2012;
(9) if convicted of a felony or of any misdemeanor
violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
12-3.5 of the Criminal Code of 1961 or the Criminal Code of
2012 that was determined, pursuant to Section 112A-11.1 of
the Code of Criminal Procedure of 1963, to trigger the
prohibitions of 18 U.S.C. 922(g)(9), physically surrender
at a time and place designated by the court, his or her
Firearm Owner's Identification Card and any and all
firearms in his or her possession. The Court shall return
to the Department of State Police Firearm Owner's
Identification Card Office the person's Firearm Owner's
Identification Card;
(10) if convicted of a sex offense as defined in
subsection (a-5) of Section 3-1-2 of this Code, unless the
offender is a parent or guardian of the person under 18
years of age present in the home and no non-familial
minors are present, not participate in a holiday event
involving children under 18 years of age, such as
distributing candy or other items to children on
Halloween, wearing a Santa Claus costume on or preceding
Christmas, being employed as a department store Santa
Claus, or wearing an Easter Bunny costume on or preceding

SB1754 - 291 - LRB102 14289 RLC 19641 b
Easter;
(11) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act committed
on or after January 1, 2010 (the effective date of Public
Act 96-362) that requires the person to register as a sex
offender under that Act, may not knowingly use any
computer scrub software on any computer that the sex
offender uses;
(12) if convicted of a violation of the
Methamphetamine Control and Community Protection Act, the
Methamphetamine Precursor Control Act, or a
methamphetamine related offense:
(A) prohibited from purchasing, possessing, or
having under his or her control any product containing
pseudoephedrine unless prescribed by a physician; and
(B) prohibited from purchasing, possessing, or
having under his or her control any product containing
ammonium nitrate; and
(13) if convicted of a hate crime involving the
protected class identified in subsection (a) of Section
12-7.1 of the Criminal Code of 2012 that gave rise to the
offense the offender committed, perform public or
community service of no less than 200 hours and enroll in
an educational program discouraging hate crimes that
includes racial, ethnic, and cultural sensitivity training
ordered by the court.

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(b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
(1) serve a term of periodic imprisonment under
Article 7 for a period not to exceed that specified in
paragraph (d) of Section 5-7-1;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home;
(v) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was
committed if he or she is convicted of a crime of

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violence as defined in Section 2 of the Crime Victims
Compensation Act committed in a school, on the real
property comprising a school, or within 1,000 feet of
the real property comprising a school;
(8) make restitution as provided in Section 5-5-6 of
this Code;
(9) perform some reasonable public or community
service;
(10) serve a term of home confinement. In addition to
any other applicable condition of probation or conditional
discharge, the conditions of home confinement shall be
that the offender:
(i) remain within the interior premises of the
place designated for his confinement during the hours
designated by the court;
(ii) admit any person or agent designated by the
court into the offender's place of confinement at any
time for purposes of verifying the offender's
compliance with the conditions of his confinement; and
(iii) if further deemed necessary by the court or
the Probation or Court Services Department, be placed
on an approved electronic monitoring device, subject
to Article 8A of Chapter V;
(iv) for persons convicted of any alcohol,
cannabis or controlled substance violation who are
placed on an approved monitoring device as a condition

SB1754 - 294 - LRB102 14289 RLC 19641 b
of probation or conditional discharge, the court shall
impose a reasonable fee for each day of the use of the
device, as established by the county board in
subsection (g) of this Section, unless after
determining the inability of the offender to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. This fee shall be imposed in addition to
the fees imposed under subsections (g) and (i) of this
Section. The fee shall be collected by the clerk of the
circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer for
deposit in the substance abuse services fund under
Section 5-1086.1 of the Counties Code, except as
provided in an administrative order of the Chief Judge
of the circuit court.
The Chief Judge of the circuit court of the county
may by administrative order establish a program for
electronic monitoring of offenders, in which a vendor
supplies and monitors the operation of the electronic
monitoring device, and collects the fees on behalf of
the county. The program shall include provisions for
indigent offenders and the collection of unpaid fees.
The program shall not unduly burden the offender and
shall be subject to review by the Chief Judge.

SB1754 - 295 - LRB102 14289 RLC 19641 b
The Chief Judge of the circuit court may suspend
any additional charges or fees for late payment,
interest, or damage to any device; and
(v) for persons convicted of offenses other than
those referenced in clause (iv) above and who are
placed on an approved monitoring device as a condition
of probation or conditional discharge, the court shall
impose a reasonable fee for each day of the use of the
device, as established by the county board in
subsection (g) of this Section, unless after
determining the inability of the defendant to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. This fee shall be imposed in addition to
the fees imposed under subsections (g) and (i) of this
Section. The fee shall be collected by the clerk of the
circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer who
shall use the monies collected to defray the costs of
corrections. The county treasurer shall deposit the
fee collected in the probation and court services
fund. The Chief Judge of the circuit court of the
county may by administrative order establish a program
for electronic monitoring of offenders, in which a
vendor supplies and monitors the operation of the

SB1754 - 296 - LRB102 14289 RLC 19641 b
electronic monitoring device, and collects the fees on
behalf of the county. The program shall include
provisions for indigent offenders and the collection
of unpaid fees. The program shall not unduly burden
the offender and shall be subject to review by the
Chief Judge.
The Chief Judge of the circuit court may suspend
any additional charges or fees for late payment,
interest, or damage to any device.
(11) comply with the terms and conditions of an order
of protection issued by the court pursuant to the Illinois
Domestic Violence Act of 1986, as now or hereafter
amended, or an order of protection issued by the court of
another state, tribe, or United States territory. A copy
of the order of protection shall be transmitted to the
probation officer or agency having responsibility for the
case;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council
Act for any reasonable expenses incurred by the program on
the offender's case, not to exceed the maximum amount of
the fine authorized for the offense for which the
defendant was sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, (i) to a

SB1754 - 297 - LRB102 14289 RLC 19641 b
"local anti-crime program", as defined in Section 7 of the
Anti-Crime Advisory Council Act, or (ii) for offenses
under the jurisdiction of the Department of Natural
Resources, to the fund established by the Department of
Natural Resources for the purchase of evidence for
investigation purposes and to conduct investigations as
outlined in Section 805-105 of the Department of Natural
Resources (Conservation) Law;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer, if the defendant has been placed on
probation or advance approval by the court, if the
defendant was placed on conditional discharge;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or
the Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine

SB1754 - 298 - LRB102 14289 RLC 19641 b
the presence of any illicit drug;
(17) if convicted for an offense committed on or after
June 1, 2008 (the effective date of Public Act 95-464)
that would qualify the accused as a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code
of 1961 or the Criminal Code of 2012, refrain from
communicating with or contacting, by means of the
Internet, a person who is related to the accused and whom
the accused reasonably believes to be under 18 years of
age; for purposes of this paragraph (17), "Internet" has
the meaning ascribed to it in Section 16-0.1 of the
Criminal Code of 2012; and a person is related to the
accused if the person is: (i) the spouse, brother, or
sister of the accused; (ii) a descendant of the accused;
(iii) a first or second cousin of the accused; or (iv) a
step-child or adopted child of the accused;
(18) if convicted for an offense committed on or after
June 1, 2009 (the effective date of Public Act 95-983)
that would qualify as a sex offense as defined in the Sex
Offender Registration Act:
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the offender's probation officer,
except in connection with the offender's employment or
search for employment with the prior approval of the
offender's probation officer;

SB1754 - 299 - LRB102 14289 RLC 19641 b
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's probation
officer, a law enforcement officer, or assigned
computer or information technology specialist,
including the retrieval and copying of all data from
the computer or device and any internal or external
peripherals and removal of such information,
equipment, or device to conduct a more thorough
inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
subject's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the offender's probation officer; and
(19) refrain from possessing a firearm or other
dangerous weapon where the offense is a misdemeanor that
did not involve the intentional or knowing infliction of
bodily harm or threat of bodily harm.
(c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's license

SB1754 - 300 - LRB102 14289 RLC 19641 b
during the period of probation or conditional discharge. If
such person is in possession of a permit or license, the court
may require that the minor refrain from driving or operating
any motor vehicle during the period of probation or
conditional discharge, except as may be necessary in the
course of the minor's lawful employment.
(d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
(e) Except where the offender has committed a fourth or
subsequent violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code, the court shall not require as a
condition of the sentence of probation or conditional
discharge that the offender be committed to a period of
imprisonment in excess of 6 months. This 6-month limit shall
not include periods of confinement given pursuant to a
sentence of county impact incarceration under Section 5-8-1.2.
Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
(f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
(g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes

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mandatory drug or alcohol testing, or both, or is assigned to
be placed on an approved electronic monitoring device, shall
be ordered to pay all costs incidental to such mandatory drug
or alcohol testing, or both, and all costs incidental to such
approved electronic monitoring in accordance with the
defendant's ability to pay those costs. The county board with
the concurrence of the Chief Judge of the judicial circuit in
which the county is located shall establish reasonable fees
for the cost of maintenance, testing, and incidental expenses
related to the mandatory drug or alcohol testing, or both, and
all costs incidental to approved electronic monitoring,
involved in a successful probation program for the county. The
concurrence of the Chief Judge shall be in the form of an
administrative order. The fees shall be collected by the clerk
of the circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The clerk of the
circuit court shall pay all moneys collected from these fees
to the county treasurer who shall use the moneys collected to
defray the costs of drug testing, alcohol testing, and
electronic monitoring. The county treasurer shall deposit the
fees collected in the county working cash fund under Section
6-27001 or Section 6-29002 of the Counties Code, as the case
may be. The Chief Judge of the circuit court of the county may
by administrative order establish a program for electronic
monitoring of offenders, in which a vendor supplies and
monitors the operation of the electronic monitoring device,

SB1754 - 302 - LRB102 14289 RLC 19641 b
and collects the fees on behalf of the county. The program
shall include provisions for indigent offenders and the
collection of unpaid fees. The program shall not unduly burden
the offender and shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device.
(h) Jurisdiction over an offender may be transferred from
the sentencing court to the court of another circuit with the
concurrence of both courts. Further transfers or retransfers
of jurisdiction are also authorized in the same manner. The
court to which jurisdiction has been transferred shall have
the same powers as the sentencing court. The probation
department within the circuit to which jurisdiction has been
transferred, or which has agreed to provide supervision, may
impose probation fees upon receiving the transferred offender,
as provided in subsection (i). For all transfer cases, as
defined in Section 9b of the Probation and Probation Officers
Act, the probation department from the original sentencing
court shall retain all probation fees collected prior to the
transfer. After the transfer, all probation fees shall be paid
to the probation department within the circuit to which
jurisdiction has been transferred.
(i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992 or to community service under the

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supervision of a probation or court services department after
January 1, 2004, as a condition of such probation or
conditional discharge or supervised community service, a fee
of $50 for each month of probation or conditional discharge
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge or supervised
community service to pay the fee, the court assesses a lesser
fee. The court may not impose the fee on a minor who is placed
in the guardianship or custody of the Department of Children
and Family Services under the Juvenile Court Act of 1987 while
the minor is in placement. The fee shall be imposed only upon
an offender who is actively supervised by the probation and
court services department. The fee shall be collected by the
clerk of the circuit court. The clerk of the circuit court
shall pay all monies collected from this fee to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probation Officers
Act.
A circuit court may not impose a probation fee under this
subsection (i) in excess of $25 per month unless the circuit
court has adopted, by administrative order issued by the chief
judge, a standard probation fee guide determining an
offender's ability to pay. Of the amount collected as a
probation fee, up to $5 of that fee collected per month may be
used to provide services to crime victims and their families.

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The Court may only waive probation fees based on an
offender's ability to pay. The probation department may
re-evaluate an offender's ability to pay every 6 months, and,
with the approval of the Director of Court Services or the
Chief Probation Officer, adjust the monthly fee amount. An
offender may elect to pay probation fees due in a lump sum. Any
offender that has been assigned to the supervision of a
probation department, or has been transferred either under
subsection (h) of this Section or under any interstate
compact, shall be required to pay probation fees to the
department supervising the offender, based on the offender's
ability to pay.
Public Act 93-970 deletes the $10 increase in the fee
under this subsection that was imposed by Public Act 93-616.
This deletion is intended to control over any other Act of the
93rd General Assembly that retains or incorporates that fee
increase.
(i-5) In addition to the fees imposed under subsection (i)
of this Section, in the case of an offender convicted of a
felony sex offense (as defined in the Sex Offender Management
Board Act) or an offense that the court or probation
department has determined to be sexually motivated (as defined
in the Sex Offender Management Board Act), the court or the
probation department shall assess additional fees to pay for
all costs of treatment, assessment, evaluation for risk and
treatment, and monitoring the offender, based on that

SB1754 - 305 - LRB102 14289 RLC 19641 b
offender's ability to pay those costs either as they occur or
under a payment plan.
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under the Criminal
and Traffic Assessment Act.
(k) Any offender who is sentenced to probation or
conditional discharge for a felony sex offense as defined in
the Sex Offender Management Board Act or any offense that the
court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
(l) The court may order an offender who is sentenced to
probation or conditional discharge for a violation of an order
of protection be placed under electronic surveillance as
provided in Section 5-8A-7 of this Code.
(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;
100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.
1-8-18; 100-987, eff. 7-1-19; revised 7-12-19.)

SB1754 - 306 - LRB102 14289 RLC 19641 b
Section 100. The Stalking No Contact Order Act is amended
by changing Section 80 as follows:
(740 ILCS 21/80)
Sec. 80. Stalking no contact orders; remedies.
(a) If the court finds that the petitioner has been a
victim of stalking, a stalking no contact order shall issue;
provided that the petitioner must also satisfy the
requirements of Section 95 on emergency orders or Section 100
on plenary orders. The petitioner shall not be denied a
stalking no contact order because the petitioner or the
respondent is a minor. The court, when determining whether or
not to issue a stalking no contact order, may not require
physical injury on the person of the petitioner. Modification
and extension of prior stalking no contact orders shall be in
accordance with this Act.
(b) A stalking no contact order shall order one or more of
the following:
(1) prohibit the respondent from threatening to commit
or committing stalking;
(2) order the respondent not to have any contact with
the petitioner or a third person specifically named by the
court;
(3) prohibit the respondent from knowingly coming
within, or knowingly remaining within a specified distance
of the petitioner or the petitioner's residence, school,

SB1754 - 307 - LRB102 14289 RLC 19641 b
daycare, or place of employment, or any specified place
frequented by the petitioner; however, the court may order
the respondent to stay away from the respondent's own
residence, school, or place of employment only if the
respondent has been provided actual notice of the
opportunity to appear and be heard on the petition;
(4) prohibit the respondent from possessing a Firearm
Owners Identification Card, or possessing or buying
firearms; and
(5) order other injunctive relief the court determines
to be necessary to protect the petitioner or third party
specifically named by the court.
(b-5) When the petitioner and the respondent attend the
same public, private, or non-public elementary, middle, or
high school, the court when issuing a stalking no contact
order and providing relief shall consider the severity of the
act, any continuing physical danger or emotional distress to
the petitioner, the educational rights guaranteed to the
petitioner and respondent under federal and State law, the
availability of a transfer of the respondent to another
school, a change of placement or a change of program of the
respondent, the expense, difficulty, and educational
disruption that would be caused by a transfer of the
respondent to another school, and any other relevant facts of
the case. The court may order that the respondent not attend
the public, private, or non-public elementary, middle, or high

SB1754 - 308 - LRB102 14289 RLC 19641 b
school attended by the petitioner, order that the respondent
accept a change of placement or program, as determined by the
school district or private or non-public school, or place
restrictions on the respondent's movements within the school
attended by the petitioner. The respondent bears the burden of
proving by a preponderance of the evidence that a transfer,
change of placement, or change of program of the respondent is
not available. The respondent also bears the burden of
production with respect to the expense, difficulty, and
educational disruption that would be caused by a transfer of
the respondent to another school. A transfer, change of
placement, or change of program is not unavailable to the
respondent solely on the ground that the respondent does not
agree with the school district's or private or non-public
school's transfer, change of placement, or change of program
or solely on the ground that the respondent fails or refuses to
consent to or otherwise does not take an action required to
effectuate a transfer, change of placement, or change of
program. When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to another
attendance center within the respondent's school district or
private or non-public school, the school district or private
or non-public school shall have sole discretion to determine
the attendance center to which the respondent is transferred.
In the event the court order results in a transfer of the minor

SB1754 - 309 - LRB102 14289 RLC 19641 b
respondent to another attendance center, a change in the
respondent's placement, or a change of the respondent's
program, the parents, guardian, or legal custodian of the
respondent is responsible for transportation and other costs
associated with the transfer or change.
(b-6) The court may order the parents, guardian, or legal
custodian of a minor respondent to take certain actions or to
refrain from taking certain actions to ensure that the
respondent complies with the order. In the event the court
orders a transfer of the respondent to another school, the
parents, guardian, or legal custodian of the respondent are
responsible for transportation and other costs associated with
the change of school by the respondent.
(b-7) The court shall not hold a school district or
private or non-public school or any of its employees in civil
or criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(b-8) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Act for conduct of the minor respondent in violation of
this Act if the parents, guardian, or legal custodian
directed, encouraged, or assisted the respondent minor in such
conduct.
(c) The court may award the petitioner costs and attorneys
fees if a stalking no contact order is granted.

SB1754 - 310 - LRB102 14289 RLC 19641 b
(d) Monetary damages are not recoverable as a remedy.
(e) If the stalking no contact order prohibits the
respondent from possessing a Firearm Owner's Identification
Card, or possessing or buying firearms; the court shall
confiscate the respondent's firearms Firearm Owner's
Identification Card and immediately return the card to the
Department of State Police Firearm Owner's Identification Card
Office.
(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12;
97-1131, eff. 1-1-13.)
Section 105. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Section 12 as follows:
(740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
Sec. 12. (a) If the United States Secret Service or the
Department of State Police requests information from a mental
health or developmental disability facility, as defined in
Section 1-107 and 1-114 of the Mental Health and Developmental
Disabilities Code, relating to a specific recipient and the
facility director determines that disclosure of such
information may be necessary to protect the life of, or to
prevent the infliction of great bodily harm to, a public
official, or a person under the protection of the United
States Secret Service, only the following information may be

SB1754 - 311 - LRB102 14289 RLC 19641 b
disclosed: the recipient's name, address, and age and the date
of any admission to or discharge from a facility; and any
information which would indicate whether or not the recipient
has a history of violence or presents a danger of violence to
the person under protection. Any information so disclosed
shall be used for investigative purposes only and shall not be
publicly disseminated. Any person participating in good faith
in the disclosure of such information in accordance with this
provision shall have immunity from any liability, civil,
criminal or otherwise, if such information is disclosed
relying upon the representation of an officer of the United
States Secret Service or the Department of State Police that a
person is under the protection of the United States Secret
Service or is a public official.
For the purpose of this subsection (a), the term "public
official" means the Governor, Lieutenant Governor, Attorney
General, Secretary of State, State Comptroller, State
Treasurer, member of the General Assembly, member of the
United States Congress, Judge of the United States as defined
in 28 U.S.C. 451, Justice of the United States as defined in 28
U.S.C. 451, United States Magistrate Judge as defined in 28
U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
Supreme, Appellate, Circuit, or Associate Judge of the State
of Illinois. The term shall also include the spouse, child or
children of a public official.
(b) The Department of Human Services (acting as successor

SB1754 - 312 - LRB102 14289 RLC 19641 b
to the Department of Mental Health and Developmental
Disabilities) and all public or private hospitals and mental
health facilities are required, as hereafter described in this
subsection, to furnish the Department of State Police only
such information as may be required for the sole purpose of
determining whether an individual who may be or may have been a
patient is disqualified because of that status from receiving
or retaining a firearm under paragraph (4) of subsection (a)
of Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's
Identification Card or falls within the federal prohibitors
under subsection (e), (f), (g), (r), (s), or (t) of Section 8
of the Firearm Owners Identification Card Act, or falls within
the federal prohibitors in 18 U.S.C. 922(g) and (n). All
physicians, clinical psychologists, or qualified examiners at
public or private mental health facilities or parts thereof as
defined in this subsection shall, in the form and manner
required by the Department, provide notice directly to the
Department of Human Services, or to his or her employer who
shall then report to the Department, within 24 hours after
determining that a person poses a clear and present danger to
himself, herself, or others, or within 7 days after a person 14
years or older is determined to be a person with a
developmental disability by a physician, clinical
psychologist, or qualified examiner as described in this
subsection (b) Section 1.1 of the Firearm Owners
Identification Card Act. If a person is a patient as described

SB1754 - 313 - LRB102 14289 RLC 19641 b
in clause (2)(A) (1) of the definition of "patient" in (2)(A)
Section 1.1 of the Firearm Owners Identification Card Act,
this information shall be furnished within 7 days after
admission to a public or private hospital or mental health
facility or the provision of services. Any such information
disclosed under this subsection shall remain privileged and
confidential, and shall not be redisclosed, except as required
by clause (e)(2) of Section 24-4.5 of the Criminal Code of 2012
subsection (e) of Section 3.1 of the Firearm Owners
Identification Card Act, nor utilized for any other purpose.
The method of requiring the providing of such information
shall guarantee that no information is released beyond what is
necessary for this purpose. In addition, the information
disclosed shall be provided by the Department within the time
period established by Section 24-3 of the Criminal Code of
2012 regarding the delivery of firearms. The method used shall
be sufficient to provide the necessary information within the
prescribed time period, which may include periodically
providing lists to the Department of Human Services or any
public or private hospital or mental health facility of
Firearm Owner's Identification Card applicants for firearm
purchases on which the Department or hospital shall indicate
the identities of those individuals who are to its knowledge
disqualified from having a firearm Firearm Owner's
Identification Card for reasons described herein. The
Department may provide for a centralized source of information

SB1754 - 314 - LRB102 14289 RLC 19641 b
for the State on this subject under its jurisdiction. The
identity of the person reporting under this subsection shall
not be disclosed to the subject of the report. For the purposes
of this subsection, the physician, clinical psychologist, or
qualified examiner making the determination and his or her
employer shall not be held criminally, civilly, or
professionally liable for making or not making the
notification required under this subsection, except for
willful or wanton misconduct.
Any person, institution, or agency, under this Act,
participating in good faith in the reporting or disclosure of
records and communications otherwise in accordance with this
provision or with rules, regulations or guidelines issued by
the Department shall have immunity from any liability, civil,
criminal or otherwise, that might result by reason of the
action. For the purpose of any proceeding, civil or criminal,
arising out of a report or disclosure in accordance with this
provision, the good faith of any person, institution, or
agency so reporting or disclosing shall be presumed. The full
extent of the immunity provided in this subsection (b) shall
apply to any person, institution or agency that fails to make a
report or disclosure in the good faith belief that the report
or disclosure would violate federal regulations governing the
confidentiality of alcohol and drug abuse patient records
implementing 42 U.S.C. 290dd-3 and 290ee-3.
For purposes of this subsection (b) only, the following

SB1754 - 315 - LRB102 14289 RLC 19641 b
terms shall have the meaning prescribed:
(1) (Blank).
(1.3) "Clear and present danger" has the meaning as
defined in Section 6-103.3 of the Mental Health and
Developmental Disabilities Code 1.1 of the Firearm Owners
Identification Card Act.
(1.5) "Person with a developmental disability" has the
meaning as defined in Section 6-103.3 of the Mental Health
and Developmental Disabilities Code 1.1 of the Firearm
Owners Identification Card Act.
(2) "Patient" means (A) a person who voluntarily
receives mental health treatment as an in-patient or
resident of any public or private mental health facility,
unless the treatment was solely for an alcohol abuse
disorder and no other secondary substance abuse disorder
or mental illness; or (B) a person who voluntarily
receives mental health treatment as an out-patient or is
provided services by a public or private mental health
facility, and who poses a clear and present danger to
himself, herself, or to others has the meaning as defined
in Section 1.1 of the Firearm Owners Identification Card
Act.
(3) "Mental health facility" means any licensed
private hospital or hospital affiliate, institution, or
facility, or part thereof, and any facility, or part
thereof, operated by the State or a political subdivision

SB1754 - 316 - LRB102 14289 RLC 19641 b
thereof which provide treatment of persons with mental
illness and includes all hospitals, institutions, clinics,
evaluation facilities, mental health centers, colleges,
universities, long-term care facilities, and nursing
homes, or parts thereof, which provide treatment of
persons with mental illness whether or not the primary
purpose is to provide treatment of persons with mental
illness has the meaning as defined in Section 1.1 of the
Firearm Owners Identification Card Act.
(c) Upon the request of a peace officer who takes a person
into custody and transports such person to a mental health or
developmental disability facility pursuant to Section 3-606 or
4-404 of the Mental Health and Developmental Disabilities Code
or who transports a person from such facility, a facility
director shall furnish said peace officer the name, address,
age and name of the nearest relative of the person transported
to or from the mental health or developmental disability
facility. In no case shall the facility director disclose to
the peace officer any information relating to the diagnosis,
treatment or evaluation of the person's mental or physical
health.
For the purposes of this subsection (c), the terms "mental
health or developmental disability facility", "peace officer"
and "facility director" shall have the meanings ascribed to
them in the Mental Health and Developmental Disabilities Code.
(d) Upon the request of a peace officer or prosecuting

SB1754 - 317 - LRB102 14289 RLC 19641 b
authority who is conducting a bona fide investigation of a
criminal offense, or attempting to apprehend a fugitive from
justice, a facility director may disclose whether a person is
present at the facility. Upon request of a peace officer or
prosecuting authority who has a valid forcible felony warrant
issued, a facility director shall disclose: (1) whether the
person who is the subject of the warrant is present at the
facility and (2) the date of that person's discharge or future
discharge from the facility. The requesting peace officer or
prosecuting authority must furnish a case number and the
purpose of the investigation or an outstanding arrest warrant
at the time of the request. Any person, institution, or agency
participating in good faith in disclosing such information in
accordance with this subsection (d) is immune from any
liability, civil, criminal or otherwise, that might result by
reason of the action.
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
eff. 7-27-15; 99-642, eff. 7-28-16.)
Section 110. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 210 and 214 as follows:
(750 ILCS 60/210) (from Ch. 40, par. 2312-10)
Sec. 210. Process.
(a) Summons. Any action for an order of protection,
whether commenced alone or in conjunction with another

SB1754 - 318 - LRB102 14289 RLC 19641 b
proceeding, is a distinct cause of action and requires that a
separate summons be issued and served, except that in pending
cases the following methods may be used:
(1) By delivery of the summons to respondent
personally in open court in pending civil or criminal
cases.
(2) By notice in accordance with Section 210.1 in
civil cases in which the defendant has filed a general
appearance.
The summons shall be in the form prescribed by Supreme
Court Rule 101(d), except that it shall require respondent to
answer or appear within 7 days. Attachments to the summons or
notice shall include the petition for order of protection and
supporting affidavits, if any, and any emergency order of
protection that has been issued. The enforcement of an order
of protection under Section 223 shall not be affected by the
lack of service, delivery, or notice, provided the
requirements of subsection (d) of that Section are otherwise
met.
(b) Blank.
(c) Expedited service. The summons shall be served by the
sheriff or other law enforcement officer at the earliest time
and shall take precedence over other summonses except those of
a similar emergency nature. Special process servers may be
appointed at any time, and their designation shall not affect
the responsibilities and authority of the sheriff or other

SB1754 - 319 - LRB102 14289 RLC 19641 b
official process servers. In counties with a population over
3,000,000, a special process server may not be appointed if
the order of protection grants the surrender of a child, the
surrender of a firearm or firearm owners identification card,
or the exclusive possession of a shared residence.
(d) Remedies requiring actual notice. The counseling,
payment of support, payment of shelter services, and payment
of losses remedies provided by paragraphs 4, 12, 13, and 16 of
subsection (b) of Section 214 may be granted only if
respondent has been personally served with process, has
answered or has made a general appearance.
(e) Remedies upon constructive notice. Service of process
on a member of respondent's household or by publication shall
be adequate for the remedies provided by paragraphs 1, 2, 3, 5,
6, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section
214, but only if: (i) petitioner has made all reasonable
efforts to accomplish actual service of process personally
upon respondent, but respondent cannot be found to effect such
service and (ii) petitioner files an affidavit or presents
sworn testimony as to those efforts.
(f) Default. A plenary order of protection may be entered
by default as follows:
(1) For any of the remedies sought in the petition, if
respondent has been served or given notice in accordance
with subsection (a) and if respondent then fails to appear
as directed or fails to appear on any subsequent

SB1754 - 320 - LRB102 14289 RLC 19641 b
appearance or hearing date agreed to by the parties or set
by the court; or
(2) For any of the remedies provided in accordance
with subsection (e), if respondent fails to answer or
appear in accordance with the date set in the publication
notice or the return date indicated on the service of a
household member.
(g) Emergency orders. If an order is granted under
subsection (c) of Section 217, the court shall immediately
file a certified copy of the order with the sheriff or other
law enforcement official charged with maintaining Department
of State Police records.
(Source: P.A. 101-508, eff. 1-1-20.)
(750 ILCS 60/214) (from Ch. 40, par. 2312-14)
Sec. 214. Order of protection; remedies.
(a) Issuance of order. If the court finds that petitioner
has been abused by a family or household member or that
petitioner is a high-risk adult who has been abused,
neglected, or exploited, as defined in this Act, an order of
protection prohibiting the abuse, neglect, or exploitation
shall issue; provided that petitioner must also satisfy the
requirements of one of the following Sections, as appropriate:
Section 217 on emergency orders, Section 218 on interim
orders, or Section 219 on plenary orders. Petitioner shall not
be denied an order of protection because petitioner or

SB1754 - 321 - LRB102 14289 RLC 19641 b
respondent is a minor. The court, when determining whether or
not to issue an order of protection, shall not require
physical manifestations of abuse on the person of the victim.
Modification and extension of prior orders of protection shall
be in accordance with this Act.
(b) Remedies and standards. The remedies to be included in
an order of protection shall be determined in accordance with
this Section and one of the following Sections, as
appropriate: Section 217 on emergency orders, Section 218 on
interim orders, and Section 219 on plenary orders. The
remedies listed in this subsection shall be in addition to
other civil or criminal remedies available to petitioner.
(1) Prohibition of abuse, neglect, or exploitation.
Prohibit respondent's harassment, interference with
personal liberty, intimidation of a dependent, physical
abuse, or willful deprivation, neglect or exploitation, as
defined in this Act, or stalking of the petitioner, as
defined in Section 12-7.3 of the Criminal Code of 2012, if
such abuse, neglect, exploitation, or stalking has
occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence.
Prohibit respondent from entering or remaining in any
residence, household, or premises of the petitioner,
including one owned or leased by respondent, if petitioner
has a right to occupancy thereof. The grant of exclusive

SB1754 - 322 - LRB102 14289 RLC 19641 b
possession of the residence, household, or premises shall
not affect title to real property, nor shall the court be
limited by the standard set forth in subsection (c-2) of
Section 501 of the Illinois Marriage and Dissolution of
Marriage Act.
(A) Right to occupancy. A party has a right to
occupancy of a residence or household if it is solely
or jointly owned or leased by that party, that party's
spouse, a person with a legal duty to support that
party or a minor child in that party's care, or by any
person or entity other than the opposing party that
authorizes that party's occupancy (e.g., a domestic
violence shelter). Standards set forth in subparagraph
(B) shall not preclude equitable relief.
(B) Presumption of hardships. If petitioner and
respondent each has the right to occupancy of a
residence or household, the court shall balance (i)
the hardships to respondent and any minor child or
dependent adult in respondent's care resulting from
entry of this remedy with (ii) the hardships to
petitioner and any minor child or dependent adult in
petitioner's care resulting from continued exposure to
the risk of abuse (should petitioner remain at the
residence or household) or from loss of possession of
the residence or household (should petitioner leave to
avoid the risk of abuse). When determining the balance

SB1754 - 323 - LRB102 14289 RLC 19641 b
of hardships, the court shall also take into account
the accessibility of the residence or household.
Hardships need not be balanced if respondent does not
have a right to occupancy.
The balance of hardships is presumed to favor
possession by petitioner unless the presumption is
rebutted by a preponderance of the evidence, showing
that the hardships to respondent substantially
outweigh the hardships to petitioner and any minor
child or dependent adult in petitioner's care. The
court, on the request of petitioner or on its own
motion, may order respondent to provide suitable,
accessible, alternate housing for petitioner instead
of excluding respondent from a mutual residence or
household.
(3) Stay away order and additional prohibitions. Order
respondent to stay away from petitioner or any other
person protected by the order of protection, or prohibit
respondent from entering or remaining present at
petitioner's school, place of employment, or other
specified places at times when petitioner is present, or
both, if reasonable, given the balance of hardships.
Hardships need not be balanced for the court to enter a
stay away order or prohibit entry if respondent has no
right to enter the premises.
(A) If an order of protection grants petitioner

SB1754 - 324 - LRB102 14289 RLC 19641 b
exclusive possession of the residence, or prohibits
respondent from entering the residence, or orders
respondent to stay away from petitioner or other
protected persons, then the court may allow respondent
access to the residence to remove items of clothing
and personal adornment used exclusively by respondent,
medications, and other items as the court directs. The
right to access shall be exercised on only one
occasion as the court directs and in the presence of an
agreed-upon adult third party or law enforcement
officer.
(B) When the petitioner and the respondent attend
the same public, private, or non-public elementary,
middle, or high school, the court when issuing an
order of protection and providing relief shall
consider the severity of the act, any continuing
physical danger or emotional distress to the
petitioner, the educational rights guaranteed to the
petitioner and respondent under federal and State law,
the availability of a transfer of the respondent to
another school, a change of placement or a change of
program of the respondent, the expense, difficulty,
and educational disruption that would be caused by a
transfer of the respondent to another school, and any
other relevant facts of the case. The court may order
that the respondent not attend the public, private, or

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non-public elementary, middle, or high school attended
by the petitioner, order that the respondent accept a
change of placement or change of program, as
determined by the school district or private or
non-public school, or place restrictions on the
respondent's movements within the school attended by
the petitioner. The respondent bears the burden of
proving by a preponderance of the evidence that a
transfer, change of placement, or change of program of
the respondent is not available. The respondent also
bears the burden of production with respect to the
expense, difficulty, and educational disruption that
would be caused by a transfer of the respondent to
another school. A transfer, change of placement, or
change of program is not unavailable to the respondent
solely on the ground that the respondent does not
agree with the school district's or private or
non-public school's transfer, change of placement, or
change of program or solely on the ground that the
respondent fails or refuses to consent or otherwise
does not take an action required to effectuate a
transfer, change of placement, or change of program.
When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to
another attendance center within the respondent's

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school district or private or non-public school, the
school district or private or non-public school shall
have sole discretion to determine the attendance
center to which the respondent is transferred. In the
event the court order results in a transfer of the
minor respondent to another attendance center, a
change in the respondent's placement, or a change of
the respondent's program, the parents, guardian, or
legal custodian of the respondent is responsible for
transportation and other costs associated with the
transfer or change.
(C) The court may order the parents, guardian, or
legal custodian of a minor respondent to take certain
actions or to refrain from taking certain actions to
ensure that the respondent complies with the order. In
the event the court orders a transfer of the
respondent to another school, the parents, guardian,
or legal custodian of the respondent is responsible
for transportation and other costs associated with the
change of school by the respondent.
(4) Counseling. Require or recommend the respondent to
undergo counseling for a specified duration with a social
worker, psychologist, clinical psychologist,
psychiatrist, family service agency, alcohol or substance
abuse program, mental health center guidance counselor,
agency providing services to elders, program designed for

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domestic violence abusers or any other guidance service
the court deems appropriate. The Court may order the
respondent in any intimate partner relationship to report
to an Illinois Department of Human Services protocol
approved partner abuse intervention program for an
assessment and to follow all recommended treatment.
(5) Physical care and possession of the minor child.
In order to protect the minor child from abuse, neglect,
or unwarranted separation from the person who has been the
minor child's primary caretaker, or to otherwise protect
the well-being of the minor child, the court may do either
or both of the following: (i) grant petitioner physical
care or possession of the minor child, or both, or (ii)
order respondent to return a minor child to, or not remove
a minor child from, the physical care of a parent or person
in loco parentis.
If a court finds, after a hearing, that respondent has
committed abuse (as defined in Section 103) of a minor
child, there shall be a rebuttable presumption that
awarding physical care to respondent would not be in the
minor child's best interest.
(6) Temporary allocation of parental responsibilities:
significant decision-making. Award temporary
decision-making responsibility to petitioner in accordance
with this Section, the Illinois Marriage and Dissolution
of Marriage Act, the Illinois Parentage Act of 2015, and

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this State's Uniform Child-Custody Jurisdiction and
Enforcement Act.
If a court finds, after a hearing, that respondent has
committed abuse (as defined in Section 103) of a minor
child, there shall be a rebuttable presumption that
awarding temporary significant decision-making
responsibility to respondent would not be in the child's
best interest.
(7) Parenting time. Determine the parenting time, if
any, of respondent in any case in which the court awards
physical care or allocates temporary significant
decision-making responsibility of a minor child to
petitioner. The court shall restrict or deny respondent's
parenting time with a minor child if the court finds that
respondent has done or is likely to do any of the
following: (i) abuse or endanger the minor child during
parenting time; (ii) use the parenting time as an
opportunity to abuse or harass petitioner or petitioner's
family or household members; (iii) improperly conceal or
detain the minor child; or (iv) otherwise act in a manner
that is not in the best interests of the minor child. The
court shall not be limited by the standards set forth in
Section 603.10 of the Illinois Marriage and Dissolution of
Marriage Act. If the court grants parenting time, the
order shall specify dates and times for the parenting time
to take place or other specific parameters or conditions

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that are appropriate. No order for parenting time shall
refer merely to the term "reasonable parenting time".
Petitioner may deny respondent access to the minor
child if, when respondent arrives for parenting time,
respondent is under the influence of drugs or alcohol and
constitutes a threat to the safety and well-being of
petitioner or petitioner's minor children or is behaving
in a violent or abusive manner.
If necessary to protect any member of petitioner's
family or household from future abuse, respondent shall be
prohibited from coming to petitioner's residence to meet
the minor child for parenting time, and the parties shall
submit to the court their recommendations for reasonable
alternative arrangements for parenting time. A person may
be approved to supervise parenting time only after filing
an affidavit accepting that responsibility and
acknowledging accountability to the court.
(8) Removal or concealment of minor child. Prohibit
respondent from removing a minor child from the State or
concealing the child within the State.
(9) Order to appear. Order the respondent to appear in
court, alone or with a minor child, to prevent abuse,
neglect, removal or concealment of the child, to return
the child to the custody or care of the petitioner or to
permit any court-ordered interview or examination of the
child or the respondent.

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(10) Possession of personal property. Grant petitioner
exclusive possession of personal property and, if
respondent has possession or control, direct respondent to
promptly make it available to petitioner, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly; sharing
it would risk abuse of petitioner by respondent or is
impracticable; and the balance of hardships favors
temporary possession by petitioner.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
award petitioner temporary possession thereof under the
standards of subparagraph (ii) of this paragraph only if a
proper proceeding has been filed under the Illinois
Marriage and Dissolution of Marriage Act, as now or
hereafter amended.
No order under this provision shall affect title to
property.
(11) Protection of property. Forbid the respondent
from taking, transferring, encumbering, concealing,
damaging or otherwise disposing of any real or personal
property, except as explicitly authorized by the court,
if:
(i) petitioner, but not respondent, owns the
property; or

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(ii) the parties own the property jointly, and the
balance of hardships favors granting this remedy.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
grant petitioner relief under subparagraph (ii) of this
paragraph only if a proper proceeding has been filed under
the Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or
advantage of respondent or of any other person.
(11.5) Protection of animals. Grant the petitioner the
exclusive care, custody, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner
or the respondent or a minor child residing in the
residence or household of either the petitioner or the
respondent and order the respondent to stay away from the
animal and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or
otherwise disposing of the animal.
(12) Order for payment of support. Order respondent to
pay temporary support for the petitioner or any child in
the petitioner's care or over whom the petitioner has been
allocated parental responsibility, when the respondent has
a legal obligation to support that person, in accordance

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with the Illinois Marriage and Dissolution of Marriage
Act, which shall govern, among other matters, the amount
of support, payment through the clerk and withholding of
income to secure payment. An order for child support may
be granted to a petitioner with lawful physical care of a
child, or an order or agreement for physical care of a
child, prior to entry of an order allocating significant
decision-making responsibility. Such a support order shall
expire upon entry of a valid order allocating parental
responsibility differently and vacating the petitioner's
significant decision-making authority, unless otherwise
provided in the order.
(13) Order for payment of losses. Order respondent to
pay petitioner for losses suffered as a direct result of
the abuse, neglect, or exploitation. Such losses shall
include, but not be limited to, medical expenses, lost
earnings or other support, repair or replacement of
property damaged or taken, reasonable attorney's fees,
court costs and moving or other travel expenses, including
additional reasonable expenses for temporary shelter and
restaurant meals.
(i) Losses affecting family needs. If a party is
entitled to seek maintenance, child support or
property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended, the court may order

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respondent to reimburse petitioner's actual losses, to
the extent that such reimbursement would be
"appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child, the
court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search for
and recovery of the minor child, including but not
limited to legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and
well-being of the petitioner or the petitioner's children.
(14.5) Prohibition of firearm possession.
(a) Prohibit a respondent against whom an order of
protection was issued from possessing any firearms
during the duration of the order if the order:
(1) was issued after a hearing of which such
person received actual notice, and at which such
person had an opportunity to participate;
(2) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person or child of such intimate partner or

SB1754 - 334 - LRB102 14289 RLC 19641 b
person, or engaging in other conduct that would
place an intimate partner in reasonable fear of
bodily injury to the partner or child; and
(3)(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or (ii)
by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force
against such intimate partner or child that would
reasonably be expected to cause bodily injury.
Any Firearm Owner's Identification Card in the
possession of the respondent, except as provided in
subsection (b), shall be ordered by the court to be
turned over to the local law enforcement agency. The
local law enforcement agency shall immediately mail
the card to the Department of State Police Firearm
Owner's Identification Card Office for safekeeping.
The court shall issue a warrant for seizure of any
firearm in the possession of the respondent, to be
kept by the local law enforcement agency for
safekeeping, except as provided in subsection (b). The
period of safekeeping shall be for the duration of the
order of protection. The firearm or firearms and
Firearm Owner's Identification Card, if unexpired,
shall at the respondent's request, be returned to the
respondent at the end of the order of protection. It is

SB1754 - 335 - LRB102 14289 RLC 19641 b
the respondent's responsibility to notify the
Department of State Police Firearm Owner's
Identification Card Office.
(b) If the respondent is a peace officer as
defined in Section 2-13 of the Criminal Code of 2012,
the court shall order that any firearms used by the
respondent in the performance of his or her duties as a
peace officer be surrendered to the chief law
enforcement executive of the agency in which the
respondent is employed, who shall retain the firearms
for safekeeping for the duration of the order of
protection.
(c) Upon expiration of the period of safekeeping,
if the firearms or Firearm Owner's Identification Card
cannot be returned to respondent because respondent
cannot be located, fails to respond to requests to
retrieve the firearms, or is not lawfully eligible to
possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the
firearms for training purposes, or for any other
application as deemed appropriate by the local law
enforcement agency; or that the firearms be turned
over to a third party who is lawfully eligible to
possess firearms, and who does not reside with
respondent.

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(15) Prohibition of access to records. If an order of
protection prohibits respondent from having contact with
the minor child, or if petitioner's address is omitted
under subsection (b) of Section 203, or if necessary to
prevent abuse or wrongful removal or concealment of a
minor child, the order shall deny respondent access to,
and prohibit respondent from inspecting, obtaining, or
attempting to inspect or obtain, school or any other
records of the minor child who is in the care of
petitioner.
(16) Order for payment of shelter services. Order
respondent to reimburse a shelter providing temporary
housing and counseling services to the petitioner for the
cost of the services, as certified by the shelter and
deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive
relief necessary or appropriate to prevent further abuse
of a family or household member or further abuse, neglect,
or exploitation of a high-risk adult with disabilities or
to effectuate one of the granted remedies, if supported by
the balance of hardships. If the harm to be prevented by
the injunction is abuse or any other harm that one of the
remedies listed in paragraphs (1) through (16) of this
subsection is designed to prevent, no further evidence is
necessary that the harm is an irreparable injury.
(18) Telephone services.

SB1754 - 337 - LRB102 14289 RLC 19641 b
(A) Unless a condition described in subparagraph
(B) of this paragraph exists, the court may, upon
request by the petitioner, order a wireless telephone
service provider to transfer to the petitioner the
right to continue to use a telephone number or numbers
indicated by the petitioner and the financial
responsibility associated with the number or numbers,
as set forth in subparagraph (C) of this paragraph.
For purposes of this paragraph (18), the term
"wireless telephone service provider" means a provider
of commercial mobile service as defined in 47 U.S.C.
332. The petitioner may request the transfer of each
telephone number that the petitioner, or a minor child
in his or her custody, uses. The clerk of the court
shall serve the order on the wireless telephone
service provider's agent for service of process
provided to the Illinois Commerce Commission. The
order shall contain all of the following:
(i) The name and billing telephone number of
the account holder including the name of the
wireless telephone service provider that serves
the account.
(ii) Each telephone number that will be
transferred.
(iii) A statement that the provider transfers
to the petitioner all financial responsibility for

SB1754 - 338 - LRB102 14289 RLC 19641 b
and right to the use of any telephone number
transferred under this paragraph.
(B) A wireless telephone service provider shall
terminate the respondent's use of, and shall transfer
to the petitioner use of, the telephone number or
numbers indicated in subparagraph (A) of this
paragraph unless it notifies the petitioner, within 72
hours after it receives the order, that one of the
following applies:
(i) The account holder named in the order has
terminated the account.
(ii) A difference in network technology would
prevent or impair the functionality of a device on
a network if the transfer occurs.
(iii) The transfer would cause a geographic or
other limitation on network or service provision
to the petitioner.
(iv) Another technological or operational
issue would prevent or impair the use of the
telephone number if the transfer occurs.
(C) The petitioner assumes all financial
responsibility for and right to the use of any
telephone number transferred under this paragraph. In
this paragraph, "financial responsibility" includes
monthly service costs and costs associated with any
mobile device associated with the number.

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(D) A wireless telephone service provider may
apply to the petitioner its routine and customary
requirements for establishing an account or
transferring a number, including requiring the
petitioner to provide proof of identification,
financial information, and customer preferences.
(E) Except for willful or wanton misconduct, a
wireless telephone service provider is immune from
civil liability for its actions taken in compliance
with a court order issued under this paragraph.
(F) All wireless service providers that provide
services to residential customers shall provide to the
Illinois Commerce Commission the name and address of
an agent for service of orders entered under this
paragraph (18). Any change in status of the registered
agent must be reported to the Illinois Commerce
Commission within 30 days of such change.
(G) The Illinois Commerce Commission shall
maintain the list of registered agents for service for
each wireless telephone service provider on the
Commission's website. The Commission may consult with
wireless telephone service providers and the Circuit
Court Clerks on the manner in which this information
is provided and displayed.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,

SB1754 - 340 - LRB102 14289 RLC 19641 b
other than payment of support, the court shall consider
relevant factors, including but not limited to the
following:
(i) the nature, frequency, severity, pattern and
consequences of the respondent's past abuse, neglect
or exploitation of the petitioner or any family or
household member, including the concealment of his or
her location in order to evade service of process or
notice, and the likelihood of danger of future abuse,
neglect, or exploitation to petitioner or any member
of petitioner's or respondent's family or household;
and
(ii) the danger that any minor child will be
abused or neglected or improperly relocated from the
jurisdiction, improperly concealed within the State or
improperly separated from the child's primary
caretaker.
(2) In comparing relative hardships resulting to the
parties from loss of possession of the family home, the
court shall consider relevant factors, including but not
limited to the following:
(i) availability, accessibility, cost, safety,
adequacy, location and other characteristics of
alternate housing for each party and any minor child
or dependent adult in the party's care;
(ii) the effect on the party's employment; and

SB1754 - 341 - LRB102 14289 RLC 19641 b
(iii) the effect on the relationship of the party,
and any minor child or dependent adult in the party's
care, to family, school, church and community.
(3) Subject to the exceptions set forth in paragraph
(4) of this subsection, the court shall make its findings
in an official record or in writing, and shall at a minimum
set forth the following:
(i) That the court has considered the applicable
relevant factors described in paragraphs (1) and (2)
of this subsection.
(ii) Whether the conduct or actions of respondent,
unless prohibited, will likely cause irreparable harm
or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or
other alleged abused persons.
(4) For purposes of issuing an ex parte emergency
order of protection, the court, as an alternative to or as
a supplement to making the findings described in
paragraphs (c)(3)(i) through (c)(3)(iii) of this
subsection, may use the following procedure:
When a verified petition for an emergency order of
protection in accordance with the requirements of Sections
203 and 217 is presented to the court, the court shall
examine petitioner on oath or affirmation. An emergency
order of protection shall be issued by the court if it

SB1754 - 342 - LRB102 14289 RLC 19641 b
appears from the contents of the petition and the
examination of petitioner that the averments are
sufficient to indicate abuse by respondent and to support
the granting of relief under the issuance of the emergency
order of protection.
(5) Never married parties. No rights or
responsibilities for a minor child born outside of
marriage attach to a putative father until a father and
child relationship has been established under the Illinois
Parentage Act of 1984, the Illinois Parentage Act of 2015,
the Illinois Public Aid Code, Section 12 of the Vital
Records Act, the Juvenile Court Act of 1987, the Probate
Act of 1975, the Revised Uniform Reciprocal Enforcement of
Support Act, the Uniform Interstate Family Support Act,
the Expedited Child Support Act of 1990, any judicial,
administrative, or other act of another state or
territory, any other Illinois statute, or by any foreign
nation establishing the father and child relationship, any
other proceeding substantially in conformity with the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Pub. L. 104-193), or where
both parties appeared in open court or at an
administrative hearing acknowledging under oath or
admitting by affirmation the existence of a father and
child relationship. Absent such an adjudication, finding,
or acknowledgment, no putative father shall be granted

SB1754 - 343 - LRB102 14289 RLC 19641 b
temporary allocation of parental responsibilities,
including parenting time with the minor child, or physical
care and possession of the minor child, nor shall an order
of payment for support of the minor child be entered.
(d) Balance of hardships; findings. If the court finds
that the balance of hardships does not support the granting of
a remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will
result in hardship to respondent that would substantially
outweigh the hardship to petitioner from denial of the remedy.
The findings shall be an official record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
(1) Respondent has cause for any use of force, unless
that cause satisfies the standards for justifiable use of
force provided by Article 7 of the Criminal Code of 2012;
(2) Respondent was voluntarily intoxicated;
(3) Petitioner acted in self-defense or defense of
another, provided that, if petitioner utilized force, such
force was justifiable under Article 7 of the Criminal Code
of 2012;
(4) Petitioner did not act in self-defense or defense
of another;
(5) Petitioner left the residence or household to

SB1754 - 344 - LRB102 14289 RLC 19641 b
avoid further abuse, neglect, or exploitation by
respondent;
(6) Petitioner did not leave the residence or
household to avoid further abuse, neglect, or exploitation
by respondent;
(7) Conduct by any family or household member excused
the abuse, neglect, or exploitation by respondent, unless
that same conduct would have excused such abuse, neglect,
or exploitation if the parties had not been family or
household members.
(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642,
eff. 7-28-16; 100-388, eff. 1-1-18; 100-863, eff. 8-14-18;
100-923, eff. 1-1-19.)
Section 115. The Uniform Disposition of Unclaimed Property
Act is amended by changing Section 1 as follows:
(765 ILCS 1025/1) (from Ch. 141, par. 101)
Sec. 1. As used in this Act, unless the context otherwise
requires:
(a) "Banking organization" means any bank, trust company,
savings bank, industrial bank, land bank, safe deposit
company, or a private banker.
(b) "Business association" means any corporation, joint
stock company, business trust, partnership, or any
association, limited liability company, or other business

SB1754 - 345 - LRB102 14289 RLC 19641 b
entity consisting of one or more persons, whether or not for
profit.
(c) "Financial organization" means any savings and loan
association, building and loan association, credit union,
currency exchange, co-operative bank, mutual funds, or
investment company.
(d) "Holder" means any person in possession of property
subject to this Act belonging to another, or who is trustee in
case of a trust, or is indebted to another on an obligation
subject to this Act.
(e) "Life insurance corporation" means any association or
corporation transacting the business of insurance on the lives
of persons or insurance appertaining thereto, including, but
not by way of limitation, endowments and annuities.
(f) "Owner" means a depositor in case of a deposit, a
beneficiary in case of a trust, a creditor, claimant, or payee
in case of other property, or any person having a legal or
equitable interest in property subject to this Act, or his
legal representative.
(g) "Person" means any individual, business association,
financial organization, government or political subdivision or
agency, public authority, estate, trust, or any other legal or
commercial entity.
(h) "Utility" means any person who owns or operates, for
public use, any plant, equipment, property, franchise, or
license for the transmission of communications or the

SB1754 - 346 - LRB102 14289 RLC 19641 b
production, storage, transmission, sale, delivery, or
furnishing of electricity, water, steam, oil or gas.
(i) (Blank).
(j) "Insurance company" means any person transacting the
kinds of business enumerated in Section 4 of the Illinois
Insurance Code other than life insurance.
(k) "Economic loss", as used in Sections 2a and 9 of this
Act includes, but is not limited to, delivery charges,
mark-downs and write-offs, carrying costs, restocking charges,
lay-aways, special orders, issuance of credit memos, and the
costs of special services or goods provided that reduce the
property value or that result in lost sales opportunity.
(l) "Reportable property" means property, tangible or
intangible, presumed abandoned under this Act that must be
appropriately and timely reported and remitted to the Office
of the State Treasurer under this Act. Interest, dividends,
stock splits, warrants, or other rights that become reportable
property under this Act include the underlying security or
commodity giving rise to the interest, dividend, split,
warrant, or other right to which the owner would be entitled.
(m) "Firearm" has the meaning ascribed to that term in
Section 2-7.5 of the Criminal Code of 2012 the Firearm Owners
Identification Card Act.
(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99;
91-748, eff. 6-2-00.)

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Section 120. The Revised Uniform Unclaimed Property Act is
amended by changing Section 15-705 as follows:
(765 ILCS 1026/15-705)
Sec. 15-705. Exceptions to the sale of tangible property.
The administrator shall dispose of tangible property
identified by this Section in accordance with this Section.
(a) Military medals or decorations. The administrator may
not sell a medal or decoration awarded for military service in
the armed forces of the United States. Instead, the
administrator, with the consent of the respective organization
under paragraph (1), agency under paragraph (2), or entity
under paragraph (3), may deliver a medal or decoration to be
held in custody for the owner, to:
(1) a military veterans organization qualified under
Section 501(c)(19) of the Internal Revenue Code;
(2) the agency that awarded the medal or decoration;
or
(3) a governmental entity.
After delivery, the administrator is not responsible for
the safekeeping of the medal or decoration.
(b) Property with historical value. Property that the
administrator reasonably believes may have historical value
may be, at his or her discretion, loaned to an accredited
museum in the United States where it will be kept until such
time as the administrator orders it to be returned to his or

SB1754 - 348 - LRB102 14289 RLC 19641 b
her custody.
(c) Human remains. If human remains are delivered to the
administrator under this Act, the administrator shall deliver
those human remains to the coroner of the county in which the
human remains were abandoned for disposition under Section
3-3034 of the Counties Code. The only human remains that may be
delivered to the administrator under this Act and that the
administrator may receive are those that are reported and
delivered as contents of a safe deposit box.
(d) Evidence in a criminal investigation. Property that
may have been used in the commission of a crime or that may
assist in the investigation of a crime, as determined after
consulting with the Department of State Police, shall be
delivered to the Department of State Police or other
appropriate law enforcement authority to allow law enforcement
to determine whether a criminal investigation should take
place. Any such property delivered to a law enforcement
authority shall be held in accordance with existing statutes
and rules related to the gathering, retention, and release of
evidence.
(e) Firearms.
(1) The administrator, in cooperation with the
Department of State Police, shall develop a procedure to
determine whether a firearm delivered to the administrator
under this Act has been stolen or used in the commission of
a crime. The Department of State Police shall determine

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the appropriate disposition of a firearm that has been
stolen or used in the commission of a crime. The
administrator shall attempt to return a firearm that has
not been stolen or used in the commission of a crime to the
rightful owner if the Department of State Police
determines that the owner may lawfully possess the
firearm.
(2) If the administrator is unable to return a firearm
to its owner, the administrator shall transfer custody of
the firearm to the Department of State Police. Legal title
to a firearm transferred to the Department of State Police
under this subsection (e) is vested in the Department of
State Police by operation of law if:
(i) the administrator cannot locate the owner of
the firearm;
(ii) the owner of the firearm may not lawfully
possess the firearm;
(iii) the apparent owner does not respond to
notice published under Section 15-503 of this Act; or
(iv) the apparent owner responds to notice
published under Section 15-502 and states that he or
she no longer claims an interest in the firearm.
(3) With respect to a firearm whose title is
transferred to the Department of State Police under this
subsection (e), the Department of State Police may:
(i) retain the firearm for use by the crime

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laboratory system, for training purposes, or for any
other application as deemed appropriate by the
Department;
(ii) transfer the firearm to the Illinois State
Museum if the firearm has historical value; or
(iii) destroy the firearm if it is not retained
pursuant to subparagraph (i) or transferred pursuant
to subparagraph (ii).
As used in this subsection, "firearm" has the meaning
provided in Section 2-7.5 of the Criminal Code of 2012 the
Firearm Owners Identification Card Act.
(Source: P.A. 100-22, eff. 1-1-18.)
Section 999. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance
5 ILCS 140/7.5
5 ILCS 830/10-5
20 ILCS 805/805-538
20 ILCS 2605/2605-45 was 20 ILCS 2605/55a-5
20 ILCS 2605/2605-300 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-595
20 ILCS 2605/2605-120 rep.
20 ILCS 2605/2605-610 rep.
20 ILCS 2610/17b
20 ILCS 2630/2.2
30 ILCS 105/6z-99
50 ILCS 710/1 from Ch. 85, par. 515
50 ILCS 725/7.2 rep.
105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
105 ILCS 5/10-27.1A
105 ILCS 5/34-8.05
225 ILCS 210/2005 from Ch. 96 1/2, par. 1-2005
225 ILCS 447/35-30
225 ILCS 447/35-35
405 ILCS 5/6-103.1
405 ILCS 5/6-103.2
405 ILCS 5/6-103.3
410 ILCS 45/2 from Ch. 111 1/2, par. 1302
SB1754 - 352 - LRB102 14289 RLC 19641 b
430 ILCS 65/Act rep.
430 ILCS 66/25
430 ILCS 66/30
430 ILCS 66/40
430 ILCS 66/70
430 ILCS 66/80
430 ILCS 66/105
430 ILCS 67/35
430 ILCS 67/40
430 ILCS 68/5-20
430 ILCS 68/5-25
430 ILCS 68/5-40
430 ILCS 68/5-85
520 ILCS 5/3.2 from Ch. 61, par. 3.2
520 ILCS 5/3.2a from Ch. 61, par. 3.2a
625 ILCS 5/2-116 from Ch. 95 1/2, par. 2-116
720 ILCS 5/2-7.1
720 ILCS 5/2-7.5
720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
720 ILCS 5/16-0.1
720 ILCS 5/17-30 was 720 ILCS 5/16C-2
720 ILCS 5/24-1 from Ch. 38, par. 24-1
720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
720 ILCS 5/24-1.6
720 ILCS 5/24-1.8
720 ILCS 5/24-2
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